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COM. v. WRIGHT

508 Pa. 25 (1985)

494 A.2d 354

COMMONWEALTH of Pennsylvania, Appellee, v. Sandra L. WRIGHT, Appellant. COMMONWEALTH of Pennsylvania, Appellant, v. Dynel McMILLAN, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Lorna PETERSON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. James J. DENNISON, Appellee. COMMONWEALTH of Pennsylvania, Appellant, v. Harold L. SMALLS, Appellee.

Supreme Court of Pennsylvania.

Decided June 10, 1985.

Attorney(s) appearing for the Case

Eric B. Henson, Deputy Dist. Atty., Steven J. Cooperstein, Philadelphia, for appellant in all cases, except No. 4 E.D. Appeal Docket 1984.

Robert D. Bacher, Lancaster, for appellant in No. 4 E.D. Appeal Docket 1984.

John W. Packel, Chief, Appeals Div., Leonard Sosnov, Philadelphia, for appellee in No. 28 E.D. Appeal Docket 1984 and for amicus in No. 106 E.D. Appeal Docket 1984.

Gerald A. Stein, Philadelphia, for appellee in No. 62 E.D. Appeal Docket 1984.

Mary McNeill Zell, Philadelphia, for appellee in No. 101 E.D. Appeal Docket 1984.

Josept W. Carroll, III, Deputy Dist. Atty., Stuart Suss, Asst. Dist. Atty., William A. Behe, Deputy Atty. Gen., Robert A. Graci, Media, for appellee in No. 4 E.D. Appeal Docket 1984.

Robert M. Lipshutz, Philadelphia, for appellee in No. 106 E.D. Appeal Docket 1984.

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

OPINION

NIX, Chief Justice.

The issue in these appeals is the constitutionality of section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, which requires the imposition of a minimum sentence of five years' total confinement upon persons found to have been in visible possession of a firearm during the commission of certain felonies. Each of the defendants was convicted of one of the section's enumerated offenses, and in each case the...

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