Commonwealth v. Berry, J.
This text of Commonwealth v. Berry, J. (Commonwealth v. Berry, J.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 291 EAL 2022 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : JAMES BERRY, : : Petitioner :
COMMONWEALTH OF PENNSYLVANIA, : No. 292 EAL 2022 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : JAMES BERRY, : : Petitioner :
ORDER
PER CURIAM
AND NOW, this 18th day of April, 2023, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the
remaining issue. The issue, as stated by petitioner, is:
Did it not violate due process and the Sentencing Code for the trial court to consider Petitioner's bare arrest record as a factor in imposing a more severe sentence, and did not the Superior Court err in reviewing this under an abuse[ ]of[ ]discretion standard?
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