Commonwealth v. Gaumer, Pet (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : DUSTY ANDREW GAUMER, : : Petitioner : No. 574 MAL 2008 Petition for Allowance of Appeal from the Order of the Superior Court at 2105 MDA 2007, dated August 13, 2008, affirming the Judgment of Sentence of the Court of Common Pleas of York County at CP-67CR-0004924-2007, dated December 3, 2007 ORDER PER CURIAM DECIDED: March 10, 2010 AND NOW, this 10th day of March, 2010, the Petition for Allowance of Appeal is hereby GRANTED. The order of the Superior Court is VACATED, and the matter REMANDED to the trial court for resentencing pursuant to Commonwealth v. Haag, 981 A.2d 902, at 907 (Pa. 2009) (if no conviction on previous § 3802 violation occurred before commission of subsequent violation, offender cannot be sentenced as recidivist on subsequent violation). Jurisdiction relinquished.

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