Commonwealth v. Pennybaker, K. (per curiam order)

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. KEITH PENNYBAKER, Petitioner : : : : : : : : : : : : No. 353 WAL 2015 Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 1068 WDA 2014, at 121 A.3d 530 (Pa. Super. 2015) entered on July 28, 2015, affirming the Judgment of Sentence of the Allegheny County Court of Common Pleas at No. CP-02-CR-0016074-2013 entered on May 23, 2014 ORDER PER CURIAM AND NOW, this 31st day of August 2016, the Petition for Allowance of Appeal is GRANTED. The Superior Court’s order is VACATED and Petitioner’s judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing without application of 42 Pa.C.S. §9718.4. See Commonwealth v. Hopkins, 117 A.3d 247 (Pa. 2015) and Commonwealth v. Wolfe, 68 MAP 2015, 2016 WL 3388530 (Pa. June 20, 2016). Chief Justice Saylor, Justice Todd, and Justice Dougherty dissent as they would grant the petition and hear the appeal.

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