Commonwealth v. Swift, J.
This text of Commonwealth v. Swift, J. (Commonwealth v. Swift, 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 WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 123 WAL 2025 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 860 WDA : 2023 entered on April 10, 2025, JAMES MICHAEL SWIFT, : affirming the Judgment of Sentence : of the Allegheny County Court of Petitioner : Common Pleas at No. CP-02-CR- : 0010274-2019 entered on June 28, 2023
ORDER
PER CURIAM
AND NOW, this 15th day of January, 2026, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the following issue, stated by Petitioner:
Did the sentencing court impose an illegal sentence by imposing separate, consecutive sentences for Swift's convictions for two counts of Arson-Endangering Property, where the statute providing for the offense, properly construed according to the rules of statutory interpretation, provided for a single sentence no matter how many properties were endangered? The Superior Court’s order is VACATED, and this matter is REMANDED for
reconsideration in light of Commonwealth v. Smith, --- A.3d ---, 2025 WL 3229045 (Pa.
filed Nov. 19, 2025). Allowance of appeal is DENIED as to all remaining issues.
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