Commonwealth v. Barnes, K., 122 A.3d 1034

Commonwealth v. Barnes, K.

122 A.3d 1034

Pa.

2015

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COMMONWEALTH of Pennsylvania, Respondent, v. Kareem BARNES, Petitioner.

Supreme Court of Pennsylvania.

Sept. 18, 2015.

122 A.3d 1034

ORDER

PER CURIAM.

AND NOW, this 18th day of September, 2015, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:

Whether a challenge to a sentence pursuant to
Alleyne v. United States, — U.S. —, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), implicates the legality of the sentence and is therefore non-waivable.
Whether contemporaneous convictions of possession with intent to deliver, pursuant to 35 P.S. § 780-113, and possession of a firearm prohibited, pursuant to 18 Pa.C.S. § 6105, allow application of the mandatory minimum sentence found at 42 Pa.C.S. § 9712.1 in light of our decision in
Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247 (2015).