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Commonwealth v. Mitzel

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


April 26, 2010

COMMONWEALTH OF PENNSYLVANIA, RESPONDENT
v.
MICHAEL ALLEN MITZEL, PETITIONER

Petition for Allowance of Appeal from the Order of the Superior Court.

Per curiam.

ORDER

AND NOW, this 26th day of April, 2010, the Petition for Allowance of Appeal is GRANTED. The Superior Court's Order is REVERSED, and Petitioner's judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing pursuant to this Court's decision in Commonwealth v. Haag, 981 A.2d 902 (Pa. 2009).

Petitioner's Motion to Consolidate Petitions for Allowance of Appeal is DENIED. Madame Justice Orie Melvin did not participate in the consideration or decision of this matter.

20100426

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