Commonwealth v. Richards, J.
This text of Commonwealth v. Richards, J. (Commonwealth v. Richards, J.) 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.
Opinion
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 518 MAL 2022 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : JONATHAN RICHARDS, : : Petitioner :
ORDER
PER CURIAM
AND NOW, this 15th day of March, 2023, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by petitioner, are:
(1) In light of Alleyne v. United States, 70 U.S. 99 (2013) is it not unconstitutional to consider an acceptance of ARD as a prior offense for sentencing purposes without the procedural protections afforded by Alleyne, i.e., a prior offense can only be determined by proof beyond a reasonable doubt?
(2) Is it not fundamentally unfair and a violation of due process to equate a prior acceptance of ARD with a prior conviction for purposes of a recidivist mandatory minimum sentence even though that acceptance involved no proof of guilt beyond a reasonable doubt?
Petitioner’s Motion for Stay of Proceedings is DENIED.
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