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· 9/25/2015

Com. v. Melendez-Negron, J., Jr.

Citations

  • 123 A.3d 1087
  • 2015 Pa. Super. 205
  • 2015 Pa. Super. LEXIS 554
  • 2015 WL 5657130

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that Commonwealth and defendant both entitled to benefit of plea bargain
  • holding the mandatory minimum sentencing scheme set forth in Section 9712.1 and under which the appellant had been sentenced was unconstitutional in light of Alleyne
  • establishing that without the Commonwealth’s consent, a court cannot later modify the terms of a plea agreement as it would “deny the Commonwealth the full benefit of the agreement which it reached”
  • vacating the appellant’s guilty plea because it included a mandatory minimum sentence under 42 Pa.C.S.A. § 9712.1 for firearms possession
  • vacating illegal sentence and guilty plea when “shared misapprehension that the mandatory minimum sentence . . . applied . . . tainted the parties’ negotiations at the outset”
  • vacating guilty plea and remanding for further proceedings; agreeing with PCRA petitioner that a “shared misapprehension that the mandatory minimum sentence . . . applied” tainted the parties’ negotiations

Source: CourtListener parenthetical corpus (CC0).

Judges: Donohue, Ott, Musmanno

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.