Commonwealth v. Wolfe, M.

Supreme Court of Pennsylvania

Decided August 12, 2015

Supreme Court of Pennsylvania · decided 2015-08-12

Cited by 3 later decisions — most recently June 2017

3 state decisions

Key passage — most relied on by later courts

“Whether the Superior Court of Pennsylvania's sua sponte determination that the ten year mandatory minimum sentence for involuntary deviate sexual intercourse (Person less than 16 years) imposed pursuant to 42 Pa.C.S.A. § 9718(a)(1) is facially unconstitutional is erroneous as a matter of law? Commonwealth v. Wolfe, — Pa. —, 121 A.3d 433, 434 (2015). See also Commonwealth v. Barnes, — Pa. —, 122 A.3d 1034 (2015) (granting petition for allowance of appeal limited to two issues, including, inter alia, "Whether a challenge to a sentence pursuant to Alleyne[] implicates the legality,of the sentence and is therefore non-waivable”).”

quoted by 1 later decision, including 2015 Pa. Super. 275 - Com. v. Ruiz, J., Jr.

Good law ✅— No negative treatment on recordhow we know

Decided 2015-08-12

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¶1 ORDER

PER CURIAM.

¶2 AND NOW, this 12th day of August, 2015, the Commonwealth’s Petition for Allowance of Appeal at 63 MAL 2015 is GRANTED. The issue, as set forth by the Commonwealth, is as follows:

Whether the Superior Court of Pennsylvania’s sua sponte determination that the ten year mandatory minimum sentence for involuntary deviate sexual intercourse (Person less than 16 years) imposed pursuant to 42 Pa.C.S.A. *447 § 9718(a)(1) is facially unconstitutional is erroneous as a matter of law?

¶3 Furthermore, the matter is EXPEDITED and the Prothono-tary is ORDERED to place the matter on the November 2015 Argument List, and establish an appropriate briefing schedule.

¶4 The defendant’s cross-petition for allowance of appeal at 93 MAL 2015 is HELD pending the disposition of the Commonwealth’s appeal.