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COM. v. KIRCHNER

348 Pa.Super. 190 (1985)

501 A.2d 1134

COMMONWEALTH of Pennsylvania, Appellee, v. Dennis W. KIRCHNER, Appellant.

Supreme Court of Pennsylvania.

Filed December 6, 1985.

Petition for Allowance of Appeal Denied June 4, 1986.

Attorney(s) appearing for the Case

Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Before WICKERSHAM, WIEAND and BECK, JJ.

WIEAND, Judge:

Dennis W. Kirchner, appellant, challenges the constitutionality of Section 9712 of the Mandatory Sentencing Act, 42 Pa.C.S. § 9712, which provides that any person convicted of certain enumerated offenses shall be sentenced to a minimum term of imprisonment of five years if he or she visibly possessed a firearm during the commission of the offense. Appellant argues that this provision (1) violates...

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