Opinion · Supreme Court of Pennsylvania
Commonwealth v. Akbar, H.
Commonwealth v. Akbar, H., 631 PA 291 (Pa. 2015)
- Type
- Opinion
- Court
- Supreme Court of Pennsylvania
- Jurisdiction
- Pennsylvania
- Date
- 2015-03-04
- Topic
- general
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 238 EAL 2014 : Petitioner : : Petition for Allowance of Appeal from the : Published Opinion and Order of the v. : Superior Court at No. 3451 EDA 2010, : at 91 A.3d 227 (Pa. Super. 2014) filed : April 30, 2014, vacating the Judgment HASSAN AKBAR, : of Sentence of the Philadelphia County : Court of Common Pleas at No. Respondent : CP-51-CR-0007173-2009 filed : July 12, 2010 ORDER PER CURIAM AND NOW, this 4th day of March, 2015, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED to the trial court for further proceedings consistent with Commonwealth v. Fields, __ A.3d __, __, 2014 W.L. 7404548, at *6 (Pa. December 31, 2014) (“[W]e hold that Section 9714(a)(1) of the Sentencing Code, 42 Pa.C.S. § 9714(a)(1) requires that a second-strike offender be sentenced to the prescribed minimum term of incarceration for each conviction of a crime of violence that is part of the second strike.”).
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ORDER
PER CURIAM.AND NOW, this 4th day of March, 2015, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED to the trial court for further proceedings consistent with Commonwealth v. Fields, 630 Pa. 625, 107 A.3d 738, 744 (2014) (“[W]e hold that Section 9714(a)(1) of the Sentencing Code, 42 Pa.C.S. § 9714(a)(1) requires that a second-strike offender be sentenced to the prescribed minimum term of incarceration for each conviction of a crime of violence that is part of the second strike.”). Jurisdiction relinquished.
Respondent’s Application for Post-Submission Communication is DENIED.