Commonwewalth v. Marinucci, A. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. ANGELA MARINUCCI, Petitioner : : : : : : : : : : : : No. 472 WAL 2016 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1758 WDA 2015 entered on October 17, 2016, affirming the Judgment of Sentence of the Westmoreland County Court of Common Pleas at No. CP-65CR-0000850-2010 entered on July 1, 2015 ORDER PER CURIAM AND NOW, this 24th day of August, 2017, the Petition for Allowance of Appeal is GRANTED, the order of the Superior Court is VACATED, and the case is REMANDED for reconsideration in light of Commonwealth v. Batts, ___ A.3d ___, 2017 WL 2735411 (Pa. June 26, 2017), LIMITED TO the question of whether the instant judgment of sentence is unconstitutional under the Eighth Amendment, and therefore an illegal sentence. Allowance of appeal is DENIED in all other respects.

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