Commonwealth v. Pennybaker, K.

Supreme Court of Pennsylvania

Commonwealth v. Pennybaker, K.

145 A.3d 720, 636 Pa. 506, 2016 Pa. LEXIS 1941

CourtSupreme Court of Pennsylvania

DecidedAugust 31, 2016

Docket353 WAL 2015

StatusPublished

Cited by7 cases

This text of 145 A.3d 720 (Commonwealth v. Pennybaker, K.) 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. Pennybaker, K., 145 A.3d 720, 636 Pa. 506, 2016 Pa. LEXIS 1941 (Pa. 2016).

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Opinion

*507 ORDER

PER CURIAM.

AND NOW, this 31st day of August 2016, the Petition for Allowance of Appeal is GRANTED. The Superior Court’s order is VACATED and Petitioner’s judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing without application of 42 Pa.C.S. § 9718.4. See Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247 (2015) and Commonwealth v. Wolfe, 636 Pa. 37, 140 A.3d 651 (2016).

Chief Justice SAYLOR, Justice TODD, and Justice DOUGHERTY dissent as they would grant the petition and hear the appeal.

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*507 ORDER

PER CURIAM.

AND NOW, this 31st day of August 2016, the Petition for Allowance of Appeal is GRANTED. The Superior Court’s order is VACATED and Petitioner’s judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing without application of 42 Pa.C.S. § 9718.4. See Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247 (2015) and Commonwealth v. Wolfe, 636 Pa. 37, 140 A.3d 651 (2016).

Chief Justice SAYLOR, Justice TODD, and Justice DOUGHERTY dissent as they would grant the petition and hear the appeal.

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Bluebook (online)

145 A.3d 720, 636 Pa. 506, 2016 Pa. LEXIS 1941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-pennybaker-k-pa-2016.

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