Com. v. Snow, L.

J-A23034-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
LONNIE SNOW, :
:
Appellant : No. 803 WDA 2013
Appeal from the Judgment of Sentence entered on August 20, 2012
in the Court of Common Pleas of Allegheny County,
Criminal Division, No. CP-02-CR-0002369-1999
BEFORE: DONOHUE, ALLEN and MUSMANNO, JJ.
JUDGMENT ORDER BY MUSMANNO, J.: FILED AUGUST 11, 2014
following his conviction of possession of a controlled substance and
possession with the intent to deliver a controlled substance. See 35 P.S.
§ 780-113(a)(16), (30). We vacate the judgment of sentence and remand
for resentencing.
A jury found Snow guilty of the above-described offenses, after which
the Commonwealth filed its Notice of intent to seek a mandatory minimum
sentence, pursuant to 18 Pa.C.S.A. § 7508. At sentencing, the trial court
um sentence when it sentenced
Snow to a prison term of 8½ to 17 years for his conviction of possession
with intent to deliver. The trial court imposed this sentence in order to
disqualify Snow from eligibility for a minimum sentence under the Recidivism
J-A23034-14
R
post-sentence Motions, which were denied by operation of law. Thereafter,
Snow filed the instant timely appeal.
On appeal, Snow challenges the legality of his sentence. Snow claims
holding in Alleyne v. United States, 133 S. Ct. 2151 (2013), as applied by
this Court in Commonwealth v. Mundy, 78 A.3d 661 (Pa. Super. 2013).
Pursuant to Alleyne, any fact that increases the mandatory minimum
sentence for a crime is an element that must be submitted to the jury, and
found beyond a reasonable doubt. Alleyne, 133 S. Ct. at 2160; accord,
Mundy
contention.
Here, the trial court violated Alleyne when, at sentencing, it found
Snow eligible for imposition of a mandatory minimum sentence under
Section 7508, but then sentenced Snow in a manner that rendered him
ineligible for a reduced minimum sentence under the RRRI. Because the
Alleyne and Mundy, we vacate the judgment
of sentence and remand for resentencing.
Judgment of sentence vacated; case remanded for resentencing in
accordance with Alleyne and Mundy; Superior Court jurisdiction
relinquished.
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J-A23034-14
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/11/2014
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