Commonwealth v. Ramos, G., Aplt. (concurring)

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[J-57-2013][M.O. Stevens, J.] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Appellee v. GUILLERMO RAMOS, Appellant : : : : : : : : : : : : No. 11 MAP 2013 Appeal from the Order of the Superior Court at No. 1154 EDA 2011 dated 3/9/12 affirming the judgment of sentence of the Lehigh County Court of Common Pleas, Criminal Division, at No. CP-39-CR-0000664-2010 dated 4/8/11 ARGUED: September 10, 2013 CONCURRING OPINION MR. JUSTICE SAYLOR DECIDED: December 27, 2013 I join the majority opinion, except for footnote four. To the extent the majority broaches the subject of this Court s understanding of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348 (2000), see Majority Opinion, slip op. at 6 n.4, it is important to recognize that there have been more recent, material developments at the federal level. See Alleyne v. United States, ___ U.S. ___, ___, 133 S.Ct. 2151, 2162-63 (2013) (holding that an aggravating fact that increases a mandatory minimum sentence must be submitted to the jury for a finding beyond a reasonable doubt).

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