August 28, 2013
COMMONWEALTH OF PENNSYLVANIA, Respondent,
TAJJIDEEN M M. WHITAKER, Petitioner
Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 2556 EDA 2009, at 30 A.3d 1195 (Pa. Super. 2011) filed September 26, 2011, affirming the Judgment of Sentence of the Philadelphia County Court of Common Pleas at Nos. CP-51-CR-0001123-2008 and MC-51-CR-0046642-2007 filed July 22, 2009.
AND NOW, this 28th day of August, 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 imprisonment without the possibility of parole is VACATED, and the matter is REMANDED to the Superior Court to remand to the Philadelphia County Court of Common Pleas for a new sentencing hearing pursuant to Commonwealth v. Batts, ___ A.3d ___, 2013 WL 1200252 (Pa. filed Mar. 26, 2013).