Commonwealth v. Barnes, K.

122 A.3d 1034, 632 Pa. 650, 2015 Pa. LEXIS 2083

• Court: Supreme Court of Pennsylvania
• Decided: September 18, 2015
• Docket: 350 EAL 2014 (Granted)
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 18th day of September, 2015, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:

(1) Whether a challenge to a sentence pursuant to Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), implicates the legality of the sentence and is therefore non-waivable.

(2) Whether contemporaneous convictions of possession with intent to deliver, pursuant to 35 P.S. § 780-113, and possession of a firearm prohibited, pursuant to 18 Pa.C.S. § 6105, allow application of the mandatory minimum sentence found at 42 Pa.C.S. § 9712.1 in light of our decision in Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247 (2015).