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

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By Burt Rose

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In COMMONWEALTH of Pennsylvania, Appellant v. Dreama Marie STOTELMYER, Appellee, No. 73 MAP 2013, 2015 WL 668038(Feb. 17, 2015), the Supreme Court of Pennsylvania held that a defendant is not statutorily eligible, within the meaning of 42 Pa.C.S. § 9802, to receive a county intermediate punishment sentence when a mandatory minimum sentence for PWID applies under 18 Pa.C.S. § 7508.

The Court stated:

Therefore, we hold the Superior Court erred in concluding 42 Pa.C.S. § 9763(which relates to sentences of county intermediate punishment) authorized imposition of a county intermediate sentence for appellee’s PWID conviction.Section 7508 provides for a mandatory minimum sentence which, absent a specific statutory provision to the contrary, must be imposed. As county intermediate punishment was not authorized here, appellee was not eligible for any sentence other than the mandatory minimum.

The Supreme Court thus reversed the decision of the Superior Court. 566 MDA 2012, 69 A.3d 1296 (March 19, 2013), which affirmed the order of the Franklin County Court of Common Pleas, Criminal Division, CP–28–CR–0000410–2011.

The Justices were Eakin (who wrote the Opinion), Baer, and Stevens. Justices Saylor and Todd dissented.

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