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COM. v. WILSON

934 A.2d 1191 (2007)

COMMONWEALTH of Pennsylvania, Appellant v. Omari K. WILSON, a/k/a Kevin Weedon, Appellee.

Supreme Court of Pennsylvania.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Edward Michael Marsico, Jr., Harrisburg, James Patrick Barker, Williamsport, for the Com. of PA., appellant.

Omari K. Wilson, appellee pro se.

Karl Baker, Peter Rosalsky, Philadelphia, for Defender Association of Philadelphia, amicus curiae.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Chief Justice CAPPY.

This appeal raises the issue of whether the Commonwealth is permitted to present evidence of the youth/school sentence enhancement set forth at 204 Pa.Code § 303.9(c)1 at a sentencing hearing on remand after Appellee's initial sentence was vacated due to insufficient evidence supporting the enhancement. Because Appellee's sentence had been vacated...

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