The Pennsylvania Supreme Court has stuck down mandatory minimum sentencing for selling drugs within 1,000 feet of a school. The decision seems to put in jeopardy the application of mandatory minimum sentences by a judge by a preponderance of the evidence, upon notice by the district attorney. The decision relies on the U.S. Supreme Court decision in Alleyne v. United States, ___ U.S. ___ , 133 S.Ct. 2151 (2013). Read my recent column in the Pennsylvania Law Weekly on a related matter.
The Pennsylvania decision written by Justice Debra Todd is Commonwealth v. Kyle Joseph Hopkins, 98 MAP 2013.
To read the full opinion CLICK HERE