COM. v. BURNSWORTH


543 Pa. 18 (1995)

669 A.2d 883

COMMONWEALTH of Pennsylvania, Appellant, v. Mark Allen BURNSWORTH, Appellee.

Supreme Court of Pennsylvania.

Decided December 27, 1995.


Attorney(s) appearing for the Case

Joseph P. Conti and William R. Cunningham, Erie, John M. Popilock and Robert A. Graci, Attorney General's Office, Harrisburg, for Commonwealth.

Jack E. Grayer, Erie, for Mark Burnsworth.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.


OPINION

MONTEMURO, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from a judgment of sentence entered by the Erie County Court of Common Pleas in which the common pleas court sentenced Appellee, Mark Allen Burnsworth, to six to twelve months imprisonment, followed by forty-eight months of probation. In fashioning such a sentence, the common pleas court refused to impose a minimum mandatory sentence as required by our legislature. Instead...

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