Commonwealth v. Waters, J. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. JOHN VINCENT WATERS, Petitioner : : : : : : : : : : : : No. 309 MAL 2019 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 99 MDA 2018 entered on March 1, 2019, affirming the Judgment of Sentence of the Cumberland County Court of Common Pleas at No. CP-21-CR0000893-1981 entered on December 4, 2017 ORDER PER CURIAM DECIDED: March 24, 2021 AND NOW, this 24th day of March, 2021, the Petition for Allowance of Appeal is GRANTED, limited to the following issue: Was an illegal sentence entered on December 4, 2017, where the “costs of prosecution” were imposed anew on a resentence? Allocatur is DENIED as to all other issues. The judgment of the Superior Court is VACATED insofar as it held that the costs of resentencing were properly imposed on Appellant where his original sentence was illegal pursuant to Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016). The matter is REMANDED for further proceedings in light of this Court’s disposition in Commonwealth v. Lehman, Nos. 47 & 49 MAP 2019, 2020 WL 7502313, ___ A.3d ___ (Pa. Dec. 22, 2020).

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