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Commonwealth v. Diamond

Citations

  • 945 A.2d 252
  • 2008 Pa. Super. 45
  • 2008 Pa. Super. LEXIS 188
  • 2008 WL 738099

How courts have described this case

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

  • granting relief on properly-preserved discretionary aspect claim that the sentence was based upon incorrect application of the guidelines
  • granting relief on properly- preserved discretionary aspect claim that the sentence was based upon incorrect application of the guidelines
  • stating, generally, that a challenge to the application of a mandatory minimum sentence is a non- waivable challenge to the legality of sentence
  • “[T]he sentencing court must correctly apply the [S]entencing [G]uidelines to reach the correct point of departure, before exercising its discretion to depart from the [G]uidelines in any particular case. These rules apply to the deadly weapons enhancement.”
  • “[T]he sentencing court must correctly apply the [S]entencing [G]uidelines to reach the correct point of departure, before exercising its discretion to depart from the [G]uidelines in any particular case. These rules apply to the deadly weapons enhancement.”
  • “[T]he sentencing court must correctly apply the (Footnote Continued Next Page

Source: CourtListener parenthetical corpus (CC0).

Judges: Lally-Green, Gantman, McEwen

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Other cases with this name

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.