Opinion
2015-08-12
COMMONWEALTH of Pennsylvania, Petitioner v. Matthew Bryan WOLFE, Respondent. Commonwealth of Pennsylvania, Respondent v. Matthew Bryan Wolfe, Petitioner.
Petition for Allowance of Appeal from the Order of the Superior Court, No. 63 MAL 2015.
Cross Petition for Allowance of Appeal from the Order of the Superior Court, No. 93 MAL 2015.
ORDER
PER CURIAM.
AND NOW, this 12th day of August, 2015, the Commonwealth's Petition for Allowance of Appeal at 63 MAL 2015 is GRANTED. The issue, as set forth by the Commonwealth, is as follows:
Whether the Superior Court of Pennsylvania's sua sponte determination that the ten year mandatory minimum sentence for involuntary deviate sexual intercourse (Person less than 16 years) imposed pursuant to 42 Pa.C.S.A. § 9718(a)(1) is facially unconstitutional is erroneous as a matter of law?
Furthermore, the matter is EXPEDITED and the Prothonotary is ORDERED to place the matter on the November 2015 Argument List, and establish an appropriate briefing schedule.
The defendant's cross-petition for allowance of appeal at 93 MAL 2015 is HELD pending the disposition of the Commonwealth's appeal.