Commonwealth v. Braddock, K.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

M.D. Appeal Dkt. 73 MAP 2017

COMMONWEALTH OF PENNSYLVANIA, : No. 309 MAL 2017 :

Petitioner :

: Petition for Allowance of Appeal from : the Order of the Superior Court v. :

: :

KATHLEEN E. BRADDOCK, :

:

Respondent :

ORDER

PER CURIAM

AND NOW, this 20th day of November, 2017, the Petition for Allowance of Appeal is

GRANTED. The issue, as framed by the Commonwealth, is as follows:

Whether the Superior Court, relying on Commonwealth v. Giron, 155 A.3d 635 (Pa. Super. 2017), improperly expanded the illegal sentencing doctrine when it vacated Braddock’s sentence on a non-preserved constitutional issue, holding that Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), rendered enhanced penalties under 75 Pa.C.S. §§ 3803-3804 illegal, even though Birchfield recognized exigent circumstances or a search warrant can still justify increased penalties for a blood test refusal?