Com. v. Mir, T. ( 2014 )

J-A01032-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
TAHIR USMAN MIR,
Appellant No. 401 WDA 2014
Appeal from the Judgment of Sentence entered September 13, 2013,
in the Court of Common Pleas of Indiana County,
Criminal Division, at No(s): CP-32-CR-0000079-2012
BEFORE: FORD ELLIOTT, P.J.E., DONOHUE and ALLEN, JJ.
JUDGMENT ORDER BY ALLEN, J.: FILED DECEMBER 17, 2014
Tahir Usman Mir (“Appellant”) has appealed, and challenges the
legality of his sentence pursuant to Alleyne v. United States, 133 S.Ct.
2151 (2013). Appellant requests that his judgment of sentence be vacated
and the case be remanded for a new sentencing hearing. Appellant’s Brief
at 54; Appellant’s Reply Brief at 9. The sentencing court “agrees with
[Appellant] that the sentence imposed is an illegal sentence pursuant to
Alleyne and Munday.” Trial Court Opinion, 4/22/14. In addition, the
Commonwealth, citing Alleyne and Commonwealth v. Munday, 78 A.3d
661 (Pa. Super. 2014), “is of the opinion that the Appellant is entitled to
relief in the form of re-sentencing.” Commonwealth Correspondence to
Superior Court, 11/10/14. Given the foregoing, we vacate Appellant’s
judgment of sentence and remand for re-sentencing.
J-A01032-15
Judgment of sentence vacated. Case remanded for re-sentencing.
Case stricken from the January 7, 2015 argument list. Jurisdiction
relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/17/2014
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