Commonwealth v. Waters, J.
This text of Commonwealth v. Waters, J. (Commonwealth v. Waters, 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COMMONWEALTH OF PENNSYLVANIA, : No. 309 MAL 2019 : Respondent : : Petition for Allowance of Appeal : from the Unpublished v. : Memorandum and Order of the : Superior Court at No. 99 MDA 2018 : entered on March 1, 2019, affirming JOHN VINCENT WATERS, : the Judgment of Sentence of the : Cumberland County Court of Petitioner : Common Pleas at No. CP-21-CR- : 0000893-1981 entered on December 4, 2017
ORDER
PER CURIAM DECIDED: March 24, 2021
AND NOW, this 24th day of March, 2021, the Petition for Allowance of Appeal is
GRANTED, limited to the following issue:
Was an illegal sentence entered on December 4, 2017, where the “costs of prosecution” were imposed anew on a resentence? Allocatur is DENIED as to all other issues.
The judgment of the Superior Court is VACATED insofar as it held that the costs
of resentencing were properly imposed on Appellant where his original sentence was
illegal pursuant to Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana,
136 S. Ct. 718 (2016). The matter is REMANDED for further proceedings in light of this
Court’s disposition in Commonwealth v. Lehman, Nos. 47 & 49 MAP 2019, 2020 WL
7502313, ___ A.3d ___ (Pa. Dec. 22, 2020).
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