Commonwealth v. Berry, J.

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?