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Commonwealth v. Rosa

Supreme Court of Pennsylvania

May 30, 2013

COMMONWEALTH OF PENNSYLVANIA, Respondent
v.
FELIX ROSA, Petitioner

Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 2420 EDA 2007 (Lally-Green, Bender, Hudock, Fitzgerald, JJ.), filed June 22, 2009, affirming the: Judgment of Sentence of the Philadelphia: County Court of Common Pleas at No. CP-51-CR-0602341-2006 (Minehart, J.), filed August 17, 2007.

ORDER

PER CURIAM.

AND NOW, this 30th day of May 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED TO Petitioner's sentencing claim. Further, the Superior Court's decision affirming the imposition of a sentence of mandatory life without the possibility of parole is VACATED and the matter is REMANDED to the trial court for a new sentencing hearing pursuant to Commonwealth v. Batts, __ A.3d __, 2013 WL 1200252 (Pa. Mar. 26, 2013), to allow the trial court to consider the relevant factors delineated in Miller v. Alabama, 132 S.Ct. 2455 (2012).


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