COM. v. SARGENT


349 Pa.Super. 289 (1986)

503 A.2d 3

COMMONWEALTH of Pennsylvania v. Fred SARGENT, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed January 3, 1986.


Attorney(s) appearing for the Case

Dennis H. Eisman, Philadelphia, for appellant.

Harriet R. Brumberg, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before SPAETH, President Judge, and HOFFMAN and HESTER, JJ.


HOFFMAN, Judge:

This is an appeal from the judgment of sentence for robbery and criminal conspiracy. Appellant contends that (1) he is entitled to a new trial because the prosecutor injected her opinion into her closing argument to the jury, and (2) the Mandatory Minimum Sentencing Act, 42 Pa.C. S.A. § 9713, is unconstitutional for the following reasons: (a) § 9713(c), which dictates the burden of proof to be employed at sentencing, violates Article V, ...

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