Commonwealth v. Foster, 594 EAL 2008

• Citation: 968 A.2d 224
• Decision Date: 05 March 2009
• Docket Number: No. 594 EAL 2008,594 EAL 2008
• Parties: COMMONWEALTH of Pennsylvania, Petitioner v. Oliver FOSTER, Respondent.
• Court: Pennsylvania Supreme Court

968 A.2d 224

COMMONWEALTH of Pennsylvania, Petitioner v. Oliver FOSTER, Respondent.

No. 594 EAL 2008

Supreme Court of Pennsylvania.

March 5, 2009.

Petition No. 594 EAL 2008 for Allowance of Appeal from the Order of the Superior Court.

Prior report: 960 A.2d 160.

ORDER

PER CURIAM.

AND NOW, this 5th day of March 2009, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Did the Superior Court err in determining that [Respondent's] challenge to the application of a mandatory minimum sentence was a non-waivable challenge to the legality of the sentence despite the fact that the sentence did not exceed the statutory maximum sentence for the crime of which he was convicted?