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COM. v. MAZZETTI

No. 45 MAP 2011.

44 A.3d 58 (2012)

COMMONWEALTH of Pennsylvania, Appellant, v. Robert MAZZETTI, Appellee.

Supreme Court of Pennsylvania.

Decided June 4, 2012.

Attorney(s) appearing for the Case

Nathan Lee Boob , Stacy Parks Miller , Centre County District Attorney's Office, for Commonwealth of Pennsylvania.

Matthew Michael McClenahen , McClenahen Law Firm LLC, State College, for Robert Mazzetti.

Karl Baker , Ellen T. Greenlee , Peter Rosalsky , Defender Association of Philadelphia, Philadelphia, for Appellee Amicus Curiae, Defender Association of Philadelphia.

David R. Crowley , Bellefonte, for Appellee Amicus Curiae, PA Assoc. of Criminal Defense Lawyers & Public Defender Assoc. of PA.

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

OPINION

PER CURIAM.

In this matter of first impression we are asked to decide whether the Commonwealth's waiver of application of the school zone mandatory minimum sentence, under 18 Pa.C.S. § 6317,1 at the original sentencing precludes the Commonwealth from subsequently seeking its application following the revocation of probation. For the reasons that follow, we conclude...

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