Commonwealth v. Finnecy, J.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 252 WAL 2019 :

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

JAMES PAUL FINNECY, : :

Petitioner :

ORDER

PER CURIAM

AND NOW, this 11th day of February, 2020, the Petition for Allowance of Appeal

is GRANTED. The issue, rephrased for clarity, is:

Does a single, past conviction for a violent crime constitute a “history of present or past violent behavior” for purposes of the Recidivism Risk Reduction Incentive Act (“RRRI Act”), 61 Pa.C.S. §§ 4501-4512?

Moreover, the parties are directed to address the following threshold issue as well:

Does a court’s failure to apply a RRRI minimum sentence implicate the legality of sentence?