COM. v. GORDON


942 A.2d 174 (2008)

COMMONWEALTH of Pennsylvania, Appellee, v. Edward GORDON, Appellant.

Supreme Court of Pennsylvania.

Decided December 28, 2007.


Attorney(s) appearing for the Case

Karl Baker, Esq., Peter Rosalsky, Esq., Defender Association of Philadelphia, Philadelphia, for Edward Gordon.

Hugh J. Burns, Jr., Esq., Peter Carr, Philadelphia District Attorneys Office, for Commonwealth of Pennsylvania.

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


OPINION

Justice BALDWIN.

In this matter, we are called to resolve whether Appellant Edward Gordon's constitutionally guaranteed right to trial by jury was violated. We granted allocatur limited to resolution of whether it violates the United States and/or Pennsylvania Constitutions when a judge, not a jury, finds by a preponderance of the evidence, not beyond a reasonable doubt, that the defendant has been convicted of multiple crimes of violence...

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