Monday, July 20, 2009

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN

COMMONWEALTH OF PENNSYLVANIA v. SUE ZORTMAN
No. 368 WDA 2008 2009 PA Super 139 Atlantic: n/a Petition for Reargument Denied 9/22/2009 Filed: 7/20/2009

Appeal from the Judgment of Sentence of January 31, 2008,
in the Court of Common Pleas of Clearfield County, Criminal Division,
at No. CP-17-CR-0000061-2007.
Before: BOWES, FREEDBERG AND POPOVICH, JJ.
Opinion by: BOWES, J.
Dissenting Opinion Opinion by: POPOVICH, J.
The Commonwealth appeals the sentencing court’s refusal to apply the mandatory minimum sentencing provision of 42 Pa.C.S. § 9712.1. We vacate the judgment of sentence and remand for sentencing in accordance with that statute.
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