Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Commonwealth of Pennsylvania v. Jumma A. Khier

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


July 28, 2010

COMMONWEALTH OF PENNSYLVANIA,
RESPONDENT
v.
JUMMA A. KHIER,
PETITIONER

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

Per curiam.

ORDER

AND NOW, this 28th day of July, 2010, the Petition for Allowance of Appeal is GRANTED. Petitioner was convicted under the Unauthorized Transfer of Sounds on Recording Devices, 18 Pa.C.S.A. 4116(b)(1), and under the Trademark Counterfeiting Statute, 18 Pa.C.S.A. § 4119(a). This Court subsequently found the Trademark Counterfeiting Statute to be unconstitutional. See Commonwealth v. Omar, 981 A.2d 179, 188 (Pa. 2009) (holding the Trademark Counterfeiting Statute unconstitutionally overbroad under the First Amendment to the United States Constitution). Petitioner's judgment of sentence is therefore VACATED, and this case is REMANDED to the trial court for resentencing on Petitioner's undisturbed conviction under 18 Pa.C.S.A. § 4116(b)(1). See Commonwealth v. Goldhammer, 517 A.2d 1280, 1283 (Pa. 1986) (remanding for resentencing where the disposition by an appellate court has altered the sentencing scheme of the trial court).

20100728

© 1992-2011 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.