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Commonwealth v. Wright

Citations

  • 494 A.2d 354
  • 508 Pa. 25
  • 1985 Pa. LEXIS 338

How courts have described this case

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

  • holding that the mandatory minimum sentence for visible possession of a firearm was merely a sentencing factor, not an element of the crime, and therefore did not have to be proven beyond a reasonable doubt at trial
  • applying Pennsylvania and Federal due process protections in direct appeal from sentencing orders, challenging constitutionality of mandatory míni-mums used by sentencing court
  • because defendant has no right to a particular sentence within the statutory range, mandatory sentence within such a range affects no substantive right
  • Mandatory Minimum Sentencing Act restricts the judge's discretion but does not constitute a separate offense calling for a separate penalty
  • Mandatory Minimum Sentencing Act restricts the judge’s discretion but does not constitute a separate offense calling for a separate penalty
  • 42 Pa.C.S. § 9712, requiring a mandatory sentence where defendant is in visible possession of a firearm, does not violate due process

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, Larsen, Flaherty, McDermott, Hutchinson, Zappala, Papadakos

Read full opinion on CourtListener

Cited by

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

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

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