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COM. v. RAMOS

No. 11 MAP 2013

83 A.3d 86 (2013)

COMMONWEALTH of Pennsylvania, Appellee v. Guillermo RAMOS, Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 2013.

Attorney(s) appearing for the Case

James L. Heidecker, Esq. , Joshua Enders Karoly, Esq. , Karoly Lawfirm, L.L.C., Allentown, for Guillermo Ramos.

Karl Baker, Esq. , Ellen T. Greenlee, Esq. , Peter Rosalsky, Esq. , Defender Association of Philadelphia, Philadelphia, for Defender Association of Philadelphia, amicus curiae.

Heather F. Gallagher, Esq. , Havertown, James Bernard Martin, Esq. , Lehigh County District Attorney's Office, for Commonwealth of Pennsylvania.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION

Justice STEVENS.

This appeal questions whether the imposition of a five-year mandatory minimum prison sentence pursuant to 42 Pa.C.S. § 9712.1 violates Pennsylvania's indeterminate sentencing scheme set forth in 42 Pa.C.S. § 9756(b), when the maximum sentence for a conviction under 35 P.S. § 780-113(f)(2) is also five years.

Facts

On October 23, 2009, officers with the Allentown Police Department and...

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