Pennsylvania v. Mazzetti (majority)
Annotate this CaseIn a matter of first impression, the Supreme Court was asked to decide whether the Commonwealth's waiver of application of the school zone mandatory minimum sentence at the original sentencing precluded the Commonwealth from subsequently seeking its application following the revocation of probation. In 2008, two men broke into Appellee Robert Mazzetti's apartment and stole marijuana and other items. At the time of the incident, Appellee was a college student residing in an off-campus apartment. Police would later arrest Appellee and charge him with possession with the intent to deliver the stolen marijuana. Pursuant to an agreement, Appellee pled guilty in exchange for an agreed upon sentence of twelve months of probation; the Commonwealth agreed not to prosecute the other charges. At the time of the plea, the Commonwealth agreed to waive the mandatory minimum sentence applicable to possession in a school zone. Appellee later violated the terms of his probation when he attempted to steal two jars of honey from a grocery store. The Commonwealth moved to revoke Appellee's probation, and provided notice of its intent to seek the school zone mandatory minimum for the possession conviction. The trial court deferred resentencing to allow the parties to brief the issue of whether the Commonwealth could ask the court to impose the school zone mandatory minimum at resentencing following the probation revocation. The trial court eventually ruled that it was not required to impose the mandatory minimum sentence, and the Superior Court affirmed. Upon review, the Supreme Court concluded that the statutory scheme governing the mandatory minimum precluded the Commonwealth from requesting imposition of the mandatory minimum at resentencing when it waived its initial applicability.
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