Commonwealth v. Mazzetti, 9 A.3d 228

Mazzetti pled guilty to Possession with Intent to Deliver Marijuana and the Commonwealth waived the school-zone mandatory minimum (two-year minimum under § 6317) in the plea deal.
The plea agreement called for twelve months of probation.
Mazzetti violated probation by attempting to steal honey; cited for Retail Theft and a Motion to Revoke Probation was filed.
At the probation-revocation hearing, the Commonwealth sought to impose the § 6317 mandatory minimum at re-sentencing; the court deferred, and later sentenced Mazzetti to 90 days to one year in prison per probation officer’s recommendation.
The trial court found no compelling case law requiring application of § 6317 at re-sentencing after probation revocation, and declined to impose the mandatory minimum.
On appeal, the Commonwealth argued the revocation placed Mazzetti in the same position as original sentencing and that the court must impose the mandatory minimum when requested; the court disagreed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the probation revocation court must impose § 6317's mandatory minimum upon re-sentencing when requested by the Commonwealth	Mazzetti's revocation restores original position; the Commonwealth may require the minimum.	Kunkle prohibits second sentencing on § 6317 if the Commonwealth failed to prove burden at initial sentencing; waiver precludes application.	No; court did not apply the mandatory minimum.

Commonwealth v. Williams, 997 A.2d 1205 (Pa. Super. 2010) (revocation sentence review limited; discretion preserved)
Johnson, 967 A.2d 1001 (Pa. Super. 2009) (credit for time served at revocation and resentencing)
Infante, 585 Pa. 408 (Pa. 2005) (bifurcated sentencing for probation violations and new convictions)
Kunkle, 817 A.2d 498 (Pa. Super. 2003) (Commonwealth must prove § 6317 at original sentencing; no second chance if burden unmet)