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COM. v. NEWMAN

No. 1980 EDA 2012

99 A.3d 86 (2014)

2014 PA Super 178

COMMONWEALTH of Pennsylvania v. James NEWMAN, Appellant.

Superior Court of Pennsylvania.

Filed August 20, 2014.

Attorney(s) appearing for the Case

Patrick J. McMenamin, Jr. , Lansdale, for appellant.

Robert M. Falin , Assistant District Attorney, Norristown, for Commonwealth, appellee.

BEFORE: GANTMAN, P.J., FORD ELLIOTT, P.J.E., BENDER, P.J.E., PANELLA, DONOHUE, ALLEN, LAZARUS, MUNDY, and OLSON, JJ.

OPINION BY FORD ELLIOTT, P.J.E.:

Appellant brings this appeal challenging the constitutionality of one of Pennsylvania's mandatory minimum sentencing statutes, 42 Pa.C.S.A. § 9712.1, following the United States Supreme Court's holding in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013). We find that Alleyne does indicate that the sentencing practice under Section 9712.1 is unconstitutional...

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