By Burt Rose
The Supreme Court of Pennsylvania has issued a decision in the case of COMMONWEALTH of Pennsylvania, Appellant v. Frederick HANSLEY, Appellee,No. 3 MAP 2011, 2012 WL 2899022 (July 17, 2012). This was an appeal from the Superior Court entered on May 5, 2010, 994 A.2d 1150, No. 845 MDA 2009, affirming the Judgments of Sentence entered in the Court of Common Pleas, Lebanon County at Nos. CP–38–CR–1808–2008 and CP–38–CR–1809–2008,. The OPINION was written by Chief Justice CASTILLE.
The issue in this appeal was whether the Recidivism Risk Reduction Incentive Act, 61 Pa.C.S. §§ 4501–4512, which makes certain offenders eligible for release on parole before the expiration of their minimum terms of imprisonment, applies to defendants who are sentenced to mandatory minimum terms required by the drug trafficking sentencing law, 18 Pa.C.S. § 6317 and § 7508. The Supreme Court rejected the Commonwealth’s arguments and concluded that the RRRI Act was indeed applicable to the mandatory minimum penalties imposed pursuant to Sections 6317 and 7508.
There was no dissent.
Bryan S. Walk, Esq. of Hershey represented the Appellee. PACDL was amicus curiae.
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