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Commonwealth v. Ede

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


March 26, 2009

COMMONWEALTH OF PENNSYLVANIA, PETITIONER
v.
JEFFREY ALAN EDE, RESPONDENT

Petition for Allowance of Appeal from the Opinion and Order of the Superior Court at 2543 EDA 2006, dated April 28, 2008, affirming in part and vacating in part the Judgment of Sentence of the Court of Common Pleas of Lehigh County at CP-39-CR-0001507-2006, dated August 7, 2006.

Per curiam.

ORDER

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, 879 A.2d 185, 196 (Pa. 2005); Commonwealth v. Dickerson, 621 A.2d 990, 994 (Pa. 1993).

Jurisdiction relinquished.

Mr. Justice Saylor files a Dissenting Statement.

DISSENTING STATEMENT

I respectfully dissent, as I believe that the circumstances presented are sufficiently distinct from those in Commonwealth v. Shiffler, 879 A.2d 185 (Pa. 2005), and Commonwealth v. Dickerson, 621 A.2d 990 (Pa. 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.

20090326

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