COM. v. CANNON


508 Pa. 22 (1985)

493 A.2d 1356

COMMONWEALTH of Pennsylvania, Appellant, v. Kenneth CANNON, Appellee.

Supreme Court of Pennsylvania.

Decided June 10, 1985.


Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Steven J. Cooperstein, Asst. Dist. Atty., for appellant.

Irving Warren Singer, Philadelphia, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION

NIX, Chief Justice.

In this case the Commonwealth appeals the trial court's determination that section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, is unconstitutional. That section requires the imposition of a minimum sentence of five years total confinement if it is established by a preponderance of the evidence that the defendant was in visible possession of a firearm during the commission of certain felonies.

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