Commonwealth v. Harton

Supreme Court of Pennsylvania

Commonwealth v. Harton

540 A.2d 932, 518 Pa. 69, 1988 Pa. LEXIS 130

CourtSupreme Court of Pennsylvania

DecidedMay 6, 1988

DocketPetition No. 432 W.D. Allocatur Dkt. 1987

StatusPublished

Cited by3 cases

This text of 540 A.2d 932 (Commonwealth v. Harton) 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.

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Commonwealth v. Harton, 540 A.2d 932, 518 Pa. 69, 1988 Pa. LEXIS 130 (Pa. 1988).

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ORDER

PER CURIAM:

AND NOW, this 6th day of May, 1988, the Petition for Allowance of Appeal is granted, limited to the sentencing issue. The order of sentence is vacated and the case is remanded to the Court of Common Pleas of Mercer County for imposition of the original sentence not in excess of four to ten years. See Commonwealth v. Pittman, 515 Pa. 272, 528 A.2d 138 (1987) (where the Commonwealth does not provide notice of its intention to seek the mandatory minimum sentence prior to the sentencing of the defendant, either purposefully or otherwise, the trial court is without authority thereafter to vacate the sentence so that the mandatory minimum sentence may be imposed).

[70]*70LARSEN, J., would deny the Petition for Allowance of Appeal. PAPADAKOS, J., files a dissenting opinion.

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ORDER

PER CURIAM:

AND NOW, this 6th day of May, 1988, the Petition for Allowance of Appeal is granted, limited to the sentencing issue. The order of sentence is vacated and the case is remanded to the Court of Common Pleas of Mercer County for imposition of the original sentence not in excess of four to ten years. See Commonwealth v. Pittman, 515 Pa. 272, 528 A.2d 138 (1987) (where the Commonwealth does not provide notice of its intention to seek the mandatory minimum sentence prior to the sentencing of the defendant, either purposefully or otherwise, the trial court is without authority thereafter to vacate the sentence so that the mandatory minimum sentence may be imposed).

[70]*70LARSEN, J., would deny the Petition for Allowance of Appeal. PAPADAKOS, J., files a dissenting opinion.

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540 A.2d 932, 518 Pa. 69, 1988 Pa. LEXIS 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-harton-pa-1988.

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