COM. v. SEMATIS


382 Pa.Super. 569 (1989)

555 A.2d 1347

COMMONWEALTH of Pennsylvania v. Bernard Francis SEMATIS, Appellant.

Supreme Court of Pennsylvania.

Filed March 30, 1989.


Attorney(s) appearing for the Case

David Ferleger, Philadelphia, for appellant.

Nicholas J. Casenta, Jr., Assistant District Attorney, Downingtown, for Com., appellee.

Before WIEAND, MELINSON and HOFFMAN, JJ.


HOFFMAN, Judge:

This is an appeal from the judgment of sentence for kidnapping while in visible possession of a firearm. Appellant contends that (1) the imposition of the statutorily required five to ten years incarceration1 constitutes cruel and unusual punishment in light of his unique circumstances, (2) in the alternative, if the mandatory sentencing Act is constitutional, "total confinement" should be construed to include involuntary...

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