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593 Pa. 511

932 A.2d 871

Commonwealth v. Qualls

Supreme Court of Pennsylvania

Decided August 30, 2007

Supreme Court of Pennsylvania · decided 2007-08-30

Relies on Commonwealth v. Dickson

Decided 2007-08-30

¶1*512 ORDER

PER CURIAM.

¶2 The Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by petitioner, is:

Whether the mandatory provisions of 42 Pa.C.S.A. [§ ]9712 should apply when the jury, responding to a special interrogatory, finds as a fact that the defendant did not possess a weapon[?]

¶3 The Order of the Superior Court is VACATED, and the matter is REMANDED for re-sentencing. See Commonwealth v. Dickson, 591 Pa. 364, 918 A.2d 95 (2007) (holding that the mandatory minimum sentence enhancement of § 9712 does not apply to an unarmed accomplice).

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