Commonwealth v. Shifflett, G.
This text of Commonwealth v. Shifflett, G. (Commonwealth v. Shifflett, G.) 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. 282 MAL 2023 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : GEORGE THOMAS SHIFFLETT, : : Petitioner :
ORDER
PER CURIAM
AND NOW, this 3rd day of April, 2024, our October 30, 2023 Order is VACATED,
and the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity,
is:
In light of Alleyne v. United States, 70 U.S. 99 (2013), is it 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 a jury by proof beyond a reasonable doubt?
The “Application for Immediate Leave to File a Supplemental Petition for Allowance Of
Appeal” is DISMISSED as moot.
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