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COMMONWEALTH PENNSYLVANIA v. ANTONIO MICHAEL (02/04/86)

submitted: February 4, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
ANTONIO MICHAEL, APPELLANT



Appeal from the Judgment of Sentence of May 30, 1985 in the Court of Common Pleas of Bucks County, Criminal, No. 4821/1984

COUNSEL

Keith Williams, Assistant Public Defender, Doylestown, for appellant.

Michael J. Kane, District Attorney, Doylestown, for Commonwealth, appellee.

Wickersham, McEwen and Johnson, JJ.

Author: Mcewen

[ 352 Pa. Super. Page 347]

This is an appeal from a judgment of sentence of from five years to ten years imprisonment imposed by the distinguished Judge Kenneth G. Biehn after appellant pleaded guilty but mentally ill, pursuant to 18 Pa.C.S. § 314, to charges of robbery, receiving stolen property, simple assault, and related offenses. We affirm.

The occurrence is described in the brief of appellant as follows:

On September 28, 1984 the appellant took a car belonging to Linda Mallory of Bensalem Township, Bucks County, Pennsylvania. During the robbery the appellant held a handgun on Ms. Mallory. The appellant was apprehended shortly thereafter in Northeast Philadelphia.

At the sentencing hearing on May 30, 1985, the Commonwealth and appellant joined in a stipulation that Antonio Michael was guilty but mentally ill. A psychiatric report was incorporated into the record. The appellant was thereupon sentenced to a term of imprisonment of from five years to ten years to be served at the Philadelphia State Hospital. Thereafter, appellant timely filed a motion for reconsideration of sentence alleging (1) that the sentence was unreasonable, (2) that Section 9712 of the Sentencing Code, 42 Pa.C.S. § 9712, was unconstitutional, and (3) that Section 9712 was improperly applied following a verdict of guilty but mentally ill. Appellant's motion for reconsideration was denied. This appeal timely followed the denial by the sentencing court of the motion for reconsideration of sentence.

Appellant presents two issues for our consideration, namely:

A. Did the sentencing court improperly apply the Mandatory Sentencing Act, 42 Pa.C.S. § 9712, because it is unconstitutional?

[ 352 Pa. Super. Page 348]

B. Did the sentencing court improperly apply the Mandatory Sentencing Act, 42 Pa.C.S. § 9712, following a ...


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