· 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 CourtListenerSourced 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.