Commonwealth v. Chester - No. (Granted) (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 609 MAL 2012 : Respondent : : Petition for Allowance of Appeal from the : Order of the Superior Court v. : : : MATTHEW ALLEN CHESTER, : : Petitioner : ORDER PER CURIAM AND NOW, this 27th day of August, 2013, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is: Whether offenses which are not specifically enumerated by the General Assembly as offenses which disqualify defendants from eligibility under [the Recidivism Risk Reduction Incentive Act ( RRRI Act ), 61 Pa.C.S.A. ยงยง 4501, et seq.] may otherwise form the basis of denial of eligibility pursuant to the general eligibility requirement that a defendant does not demonstrate a history of present or past violent behavior, rendering an offender ineligible? Restated in the context of the specific facts of this case, the precise question presented is: Whether a prior conviction of a felony one burglary, which is not included as a disqualifier in the definition of eligible offender may nevertheless amount to a history of present or past violent behavior such as to exclude a defendant from RRRI [Act] eligibility?

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