Commonwealth v. Gaumer

Supreme Court of Pennsylvania

Commonwealth v. Gaumer

990 A.2d 723, 605 Pa. 405, 2010 Pa. LEXIS 401

CourtSupreme Court of Pennsylvania

DecidedMarch 10, 2010

DocketAppeal, No. 574 MAL 2008

StatusPublished

This text of 990 A.2d 723 (Commonwealth v. Gaumer) 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.

Bluebook

Commonwealth v. Gaumer, 990 A.2d 723, 605 Pa. 405, 2010 Pa. LEXIS 401 (Pa. 2010).

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Opinion

[406]*406 ORDER

PER CURIAM.

AND NOW, this 10th day of March, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and the matter REMANDED to the trial court for resentencing pursuant to Commonwealth v. Haag, 981 A.2d 902, 907 (Pa.2009) (if no conviction on previous § 3802 violation occurred before commission of subsequent violation, offender cannot be sentenced as recidivist on subsequent violation). Jurisdiction relinquished.

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[406]*406 ORDER

PER CURIAM.

AND NOW, this 10th day of March, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and the matter REMANDED to the trial court for resentencing pursuant to Commonwealth v. Haag, 981 A.2d 902, 907 (Pa.2009) (if no conviction on previous § 3802 violation occurred before commission of subsequent violation, offender cannot be sentenced as recidivist on subsequent violation). Jurisdiction relinquished.

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Bluebook (online)

990 A.2d 723, 605 Pa. 405, 2010 Pa. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gaumer-pa-2010.

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