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COMMONWEALTH v. FORD

No. 46 MAP 2018.

217 A.3d 824 (2019)

COMMONWEALTH of Pennsylvania, Appellant v. Christian Lee FORD, Appellee

Supreme Court of Pennsylvania.

Decided: September 26, 2019.

Attorney(s) appearing for the Case

Andrew Chapman Christy, Esq. , ACLU of Pennsylvania, Leonard Sosnov, Esq. , Defender Association of Philadelphia, Bradley Adam Winnick, Esq. , Dauphin County Public Defender's Office, for Amicus Curiae.

Travis Scott Anderson, Esq. , Jared Lee Hinsey, Esq. , Lancaster County District Attorney's Office, Craig William Stedman, Esq. , for Appellant.

Alan J. Tauber, Esq. , for Appellee.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

The Sentencing Code mandates that trial courts "shall not sentence a defendant to pay a fine unless it appears of record that the defendant is or will be able to pay" it. 42 Pa.C.S. § 9726(c). The question presented in this post-conviction appeal is whether the Sentencing Code's ability-to-pay prerequisite is...

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