Commonwealth v. Marinucci, A.

Supreme Court of Pennsylvania

Commonwealth v. Marinucci, A.

170 A.3d 1010

Supreme Court of Pennsylvania·Decided August 24, 2017·No. Commonwealth v. Marinucci, A., - No. 472 WAL 2016·Published

Opinion

ORDER

PER CURIAM

AND NOW, this 24th day of August, 2017, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED for reconsideration in light of Commonwealth v. Batts, 163 A.3d 410, 2017 WL 2735411 (Pa. 2017), LIMITED TO the question of whether the instant judgment of sentence is unconstitutional under the Eighth Amendment, and therefore an illegal sentence. Allowance of appeal is DENIED in all other respects.

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ORDER

PER CURIAM

AND NOW, this 24th day of August, 2017, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED for reconsideration in light of Commonwealth v. Batts, 163 A.3d 410, 2017 WL 2735411 (Pa. 2017), LIMITED TO the question of whether the instant judgment of sentence is unconstitutional under the Eighth Amendment, and therefore an illegal sentence. Allowance of appeal is DENIED in all other respects.

Commonwealth v. Marinucci, A., 170 A.3d 1010 (Pa. 2017).

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Opinion

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