Commonwealth v. Coia, N. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Respondent : : : v. : : : NICHOLAS COIA, : : Petitioner : No. 35 EAL 2010 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 2455 EDA 2005 filed December 22, 2009, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at No. CP-51-CR-0613893-2003 filed May 6, 2005 ORDER PER CURIAM AND NOW, this 28th day of August, 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner s constitutional sentencing claim. Further, the Superior Court s decision affirming the imposition of a sentence of mandatory life imprisonment without the possibility of parole is VACATED, and the matter is REMANDED to the Superior Court to remand to the Philadelphia County Court of Common Pleas for a new sentencing hearing pursuant to Commonwealth v. Batts, __ A.3d __, 2013 WL 1200252 (Pa. filed March 26, 2013). Jurisdiction relinquished.