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COM. v. BELL

512 Pa. 334 (1986)

516 A.2d 1172

COMMONWEALTH of Pennsylvania, Appellant, v. Ernestine BELL, Appellee.

Supreme Court of Pennsylvania.

Decided October 24, 1986.

Petition for Allowance of Appeal Denied December 29, 1986.

Attorney(s) appearing for the Case

Eric B. Henson, Steven J. Cooperstein, Philadelphia, for appellant.

Gerald A. Stein, Philadelphia, for appellee.

John W. Packel, Philadelphia, for Amicus-Defender Assoc. of Philadelphia.

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

OPINION

NIX, Chief Justice.

This case requires our review of the applicability and constitutionality of section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, which requires the imposition of a minimum prison sentence of at least five years upon conviction of certain enumerated felonies, where it is proven at sentencing by a preponderance of the evidence that the accused visibly possessed a...

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