A blog of the Philadelphia Bar Association’s Criminal Justice Section

violet oakle

By Burt Rose

Supreme Court of Pennsylvania

COMMONWEALTH of Pennsylvania, Petitioner v. Edward Evans MAURER, Respondent, 2014 WL 5486098, 293 MAL 2014 (Oct. 30, 2014)

Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 2054 MDA 2012 filed April 4, 2014, reversing the Judgment of Sentence of the Dauphin County Court of Common Pleas at No. CP–22–CR–0000123–2010 filed June 25, 2012

ORDER

PER CURIAM

AND NOW, this 30th day of October, 2014, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Superior Court is VACATED, pursuant to Commonwealth v. Tuladziecki, 522 A .2d 17, 19 (Pa.1987); Commonwealth v. Provenzano, 50 A.3d 148, 154 (Pa.Super.2012) (“[W]e cannot look beyond the statement of questions presented and the prefatory 2119(f) statement to determine whether a substantial question exists.”); andCommonwealth v. Felix, 539 A.2d 371, 377 (Pa.Super.1988)(“[G]leaning through the entire argument section of appellant’s brief for indications of the appearance of a substantial question was precisely the practice Tuladziecki condemned.”), and the case is REMANDED to the trial court for reimposition of sentence. Jurisdiction relinquished.

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