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COM. v. FOSTER

No. 7 EAP 2009.

17 A.3d 332 (2011)

COMMONWEALTH of Pennsylvania, Appellant, v. Oliver FOSTER, Appellee.

Supreme Court of Pennsylvania.

Re-Submitted January 18, 2011.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Lynne M. Abraham , Hugh J. Burns, Jr. , Ronald Eisenberg , Arnold H. Gordon , Philadelphia, Regina Marie Oberholzer , Harrisburg, Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

Karl Baker , Owen W. Larrabee , Philadelphia, Ellen McBennett , Defender Association of Philadelphia, for Oliver Foster.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice BAER.

In Commonwealth v. Dickson, 591 Pa. 364, 918 A.2d 95 (2007), this Court determined that Section 9712(a) of the Judicial Code, which directs imposition of a mandatory minimum sentence of not less than five years of imprisonment upon any person convicted of an enumerated violent crime while in visible possession of a firearm, did not apply to any "unarmed...

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