Summary
granting appeal to consider, inter alia , whether an Alleyne claim raises a challenge to the legality of sentencing
Summary of this case from Commonwealth v. RiveraOpinion
2015-09-18
COMMONWEALTH of Pennsylvania, Respondent, v. Kareem BARNES, Petitioner.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 350 EAL 2014.
ORDER
PER CURIAM.
AND NOW, this 18th day of September, 2015, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:
(1) Whether a challenge to a sentence pursuant to Alleyne v. United States, ––– U.S. ––––, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), implicates the legality of the sentence and is therefore non-waivable.
(2) Whether contemporaneous convictions of possession with intent to deliver, pursuant to 35 P.S. § 780–113, and possession of a firearm prohibited, pursuant to 18 Pa.C.S. § 6105, allow application of the mandatory minimum sentence found at 42 Pa.C.S. § 9712.1 in light of our decision in Commonwealth v. Hopkins, ––– Pa. ––––, 117 A.3d 247 (2015).