Opinion
No. 1062 MAL 2005.
August 30, 2007.
Petition for Allowance of Appeal No. 1062 MAL 2005 from the Order of the Superior Court entered November 28, 2005 at No. 1300 EDA 2005, affirming the appeal from the Order of the Court of Common Pleas of Montgomery County entered April 26, 2005 at No. 2577-04.
ORDER
The Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the remaining issue. The issue, as stated by petitioner, is:
Whether the mandatory provisions of 42 Pa.C.S.A. [§] 9712 should apply when the jury, responding to a special interrogatory, finds as a fact that the defendant did not possess a weapon[?]
The Order of the Superior Court is VACATED, and the matter is REMANDED for re-sentencing. See Commonwealth v. Dickson, 591 Pa. 364, 918 A.2d 95 (2007) (holding that the mandatory minimum sentence enhancement of § 9712 does not apply to an unarmed accomplice).