Com. v. Snow, L. (judgment order)
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J-A23034-14 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. LONNIE SNOW, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA 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; relinquished. -2- Superior Court jurisdiction J-A23034-14 Judgment Entered. Joseph D. Seletyn, Esq. Prothonotary Date: 8/11/2014 -3-
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