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Commonwealth v. Canady

Supreme Court of Pennsylvania

July 9, 2013

COMMONWEALTH OF PENNSYLVANIA, Respondent
v.
JAMES CANADY, Petitioner

filed March 31, 2009.

Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 1192 EDA 2009, filed March 28, 2011, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at No. CP-51-CR-0015102-2007,

ORDER

PER CURIAM

AND NOW, this 9th day of July 2013, the Petition for Allowance of Appeal is GRANTED, LIMITED to the following issue:

Whether petitioner's mandatory sentence of life imprisonment without parole for a seventeen year old is unconstitutional under both the United States and Pennsylvania constitutions?

Allocatur is DENIED as to all other issues. The part of the Superior Court's Order affirming petitioner's mandatory life sentence for first-degree murder is VACATED and the case is REMANDED to the trial court for resentencing in a manner consistent with Commonwealth v. Batts, __ A.3d __, 2013 WL 1200252 (Pa. 2013).


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