M.D Appeal Dkt.

56 - 2020

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 165 MAL 2020 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : JAMES HENRY COBBS, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 15th day of September, 2020, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Where a prisoner’s constitutionally infirm life-without-parole sentence for murder committed while a minor formed the basis for a conviction of assault by a life prisoner under 18 Pa.C.S. §2704 committed as an adult, and the prisoner is re-sentenced to forty-years-to-life on the original murder conviction, is the Section 2704 conviction vitiated by such re-sentencing?