By Burt Rose
The Supreme Court of Pennsylvania has granted a Petition for Allowance of Appeal from an Order of the Superior Court, in the matter of COMMONWEALTH of Pennsylvania v. Terry Lee TAYLOR, Petitioner, No. 186 MAL 2013, 2013 WL 4764078 (Sept. 5, 2013). The Order is as follows:
(1) Is whether a sentencing court has the authority to sentence an individual for a violation of 75 [Pa.C.S.] § 3802(DUI) prior to the completion of a full drug and alcohol assessment under the requirements of [75 Pa.C.S. § 3814]?
(2) Is the language of 75 [Pa.C.S.] § 3814 a mandatory sentencing provision requiring a sentencing court to comply with its requirements prior to the imposition of a sentence for a DUI violation, or is § 3814 an optional provision that can be disregarded at the court’s discretion?
(3) Does a Defendant have the ability through conduct, or otherwise, to waive the requirements of 75 [Pa.C.S.] § 3814, and permit a sentencing court to enter a sentence even though a full drug and alcohol assessment has not been completed prior to sentencing?
The citation below is Com. v. Taylor, 64 A.3d 24 (Pa.Super. Dec 17, 2012) (Table, NO. 317 MDA 2012), reargument denied (Feb 15, 2013). This is case from Franklin County. The Appellant is represented by the Franklin County Public Defender’s Office.