Commonwealth v. Taylor, T. - No. (Granted) (petitions for allowance of appeal)
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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 186 MAL 2013 : Respondent : : Petition for Allowance of Appeal from the : Order of the Superior Court v. : : : TERRY LEE TAYLOR, : : Petitioner : ORDER PER CURIAM AND NOW, this 5th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are: (1) Is whether a sentencing court has the authority to sentence an individual for a violation of 75 [Pa.C.S.] § 3802 (DUI) prior to the completion of a full drug and alcohol assessment under the requirements of [75 Pa.C.S. §3814]? (2) Is the language of 75 [Pa.C.S.] § 3814 a mandatory sentencing provision requiring a sentencing court to comply with its requirements prior to the imposition of a sentence for a DUI violation, or is § 3814 an optional provision that can be disregarded at the court s discretion? (3) Does a Defendant have the ability through conduct, or otherwise, to waive the requirements of 75 [Pa.C.S.] § 3814, and permit a sentencing court to enter a sentence even though a full drug and alcohol assessment has not been completed prior to sentencing?
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