Commonwealth v. Stein, 39 A.3d 365

Stein pled guilty to delivery of marijuana and possession with intent to deliver marijuana on Jan. 28, 2011; open guilty plea to two POSSESSION WITH INTENT counts in exchange for dismissal of remaining charges and non-use of school zone enhancement; Commonwealth reserved five-year mandatory minimum due to firearm at time of offense; police recovered a Smith & Wesson revolver and marked money at arrest and found more marijuana, firearms, and a vest at Stein’s residence; the Commonwealth filed a Notice of Intent to Seek Mandatory Sentence under 42 Pa.C.S. § 9712.1; at sentencing on May 24, 2011 the court imposed the five-year mandatory minimum.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 9712.1 applies where defendant is convicted of § 780-113(a)(30) and possesses a firearm but did not use it	Stein argues no nexus; firearm not used in offense	Commonwealth contends possession/possession within reach suffices	Yes, statute applies regardless of use; firearm presence triggers minimum
Whether § 9712.1 is unconstitutional as overbroad or violative of due process/Second Amendment	Constitutional challenges to § 9712.1 (overbreadth, due process, Second Amendment)	Statutory language controls; no invalidity shown	Waived for review; constitutional challenges deemed discretionary and not reviewed

Commonwealth v. Carpio-Santiago, 14 A.3d 903 (Pa.Super.2011) (legal-sentence legality review)
Commonwealth v. Stokes, 38 A.3d 846 (Pa.Super.2011) (illegal sentence review where jurisdiction present)
Commonwealth v. Robinson, 931 A.2d 15 (Pa.Super.2007) (constitutional claims waived if discretionary sentencing issue)
Commonwealth v. Dunphy, 20 A.3d 1215 (Pa.Super.2011) (waiver governs discretionary issues)
Commonwealth v. Miller, 541 Pa. 531 (1995) (sentence within statutory limits is legal)
Commonwealth v. Kleinicke, 895 A.2d 562 (Pa.Super.2006) (flat five-year term when minimum equals maximum)