Commonwealth v. Whitman

Supreme Court of Pennsylvania

Commonwealth v. Whitman

918 A.2d 115, 591 Pa. 397, 2007 Pa. LEXIS 768

CourtSupreme Court of Pennsylvania

DecidedApril 3, 2007

DocketNo. 430 WAL 2005

StatusPublished

This text of 918 A.2d 115 (Commonwealth v. Whitman) 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.

Bluebook

Commonwealth v. Whitman, 918 A.2d 115, 591 Pa. 397, 2007 Pa. LEXIS 768 (Pa. 2007).

Pincite

Opinion

ORDER

PER CURIAM.

AND NOW, this 3rd day of April, 2007, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Whether the Superior Court exceeded its authority in sua sponte ordering resentencing before a different judge?

To the extent that the order of the Superior Court required that a new trial judge be assigned to preside over Respondent’s resentencing, the court erred; its order is Reversed, and the matter is Remanded to the common pleas court for proceedings consistent with Commomvealth v. Whitmore, 912 A.2d 827 (2006).

Mr. Justice Fitzgerald did not participate in the consideration or decision of this matter.

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