Commonwealth v. Ede, 529 MAL 2008
| Decision Date | 26 March 2009 |
| Docket Number | No. 529 MAL 2008,529 MAL 2008 |
| Citation | 968 A.2d 228 |
| Parties | COMMONWEALTH of Pennsylvania, Petitioner v. Jeffrey Alan EDE, Respondent. |
| Court | Pennsylvania Supreme Court |
AND NOW, this 26th day of March, 2009, the Petition for Allowance of Appeal is GRANTED, the Superior Court opinion is VACATED, and the case is REMANDED to reinstate the sentence of the trial court. See Commonwealth v. Shiffler, 583 Pa. 478, 879 A.2d 185, 196 (2005); Commonwealth v. Dickerson, 533 Pa. 294, 621 A.2d 990, 994 (1993).
Jurisdiction relinquished.
I respectfully dissent, as I believe that the circumstances presented are sufficiently distinct from those in Commonwealth v. Shiffler, 583 Pa. 478, 879 A.2d 185 (2005), and Commonwealth v. Dickerson, 533 Pa. 294, 621 A.2d 990 (1993), to suggest against summary treatment at the allocatur stage of the proceedings. Instead, I would allow the appeal only and resolve the matter upon full briefing.
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Commonwealth v. Dixon, 2010 PA Super 109 (Pa. Super. Ct. 6/15/2010)
...should have merged for purposes of sentencing challenges the legality of a sentence and, thus, cannot be waived. Commonwealth v. Ede, 949 A.2d 926, 932 (Pa. Super. 2008) [vacated and remanded on other grounds, 968 A.2d 228 (Pa. 2009)]. Therefore, we are not precluded from reviewing this iss......
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Commonwealth Of Pa. v. Dixon
...should have merged for purposes of sentencing challenges the legality of a sentence and, thus, cannot be waived. Commonwealth v. Ede, 949 A.2d 926, 932 (Pa.Super.2008) vacated and remanded on other grounds, 600 Pa. 506, 968 A.2d 228 (2009) ]. Therefore, we are not precluded from reviewing t......
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Commonwealth of Pa. v. Ruffin
...as provided in this section”). 3. The trial court, in an opinion that mirrored the dissenting opinion authored in Commonwealth v. Ede, 949 A.2d 926 (Pa.Super.2008), vacated and remanded by, 600 Pa. 506, 968 A.2d 228 (2009), see infra n. 7, concluded that section 3733 prevailed over section ......
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Commonwealth Of Pa. v. Ruffin
...as provided in this section"). 3. The trial court, in an opinion that mirrored the dissenting opinion authored in Commonwealth v. Ede, 949 A.2d 926 (Pa. Super. 2008), vacated and remanded by, 968 A.2d 228 (Pa. 2009), see infra n.7, concluded that section 3733 prevailed over section 6503 and......