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COM. v. HOPKINS

No. 98 MAP 2013

117 A.3d 247 (2015)

COMMONWEALTH of Pennsylvania, Appellant v. Kyle Joseph HOPKINS, Appellee.

Supreme Court of Pennsylvania.

Decided June 15, 2015.

Attorney(s) appearing for the Case

Hugh J. Burns Jr., Esq. , for Pennsylvania District Attorneys Association, Amicus Curiae.

Nicholas J. Casenta Jr., Esq. , Chester County District Attorney's Office, Thomas P. Hogan Jr., Esq. , for Commonwealth of Pennsylvania.

John R. Merrick, Esq. , David Blair Miller, Esq. , Chester County Public Defender's Office, Leonard Sosnov, Esq. , for Kyle Joseph Hopkins.

Peter Rosalsky, Esq. , Defender Association of Philadelphia, for Defender Association of Philadelphia, Amicus Curiae.

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

OPINION

In this direct appeal, we address questions regarding the constitutionality and severability of 18 Pa.C.S. § 6317(a) — which imposes a mandatory minimum sentence of two years total confinement upon a defendant for a conviction if a delivery or possession with intent to deliver a controlled substance...

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