493 A.2d 1356 | Pa. | 1985
Lead Opinion
OPINION
In this case the Commonwealth appeals the trial court’s determination that section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, is unconstitutional. That section requires the imposition of a minimum sentence of five years total confinement if it is established by a preponderance of the evidence that the defendant was in visible possession of a firearm during the commission of certain felonies.
. On January 6, 1983, Appellee Cannon was convicted of three counts of robbery as felonies of the first degree, carrying a firearm on the public street, and possessing an instrument of crime. He was sentenced to serve two concurrent three-to-ten year terms, to be followed by five years probation.
Concurrence Opinion
concurring.
I join in the majority opinion and further cite in support thereof my opinion in Commonwealth v. Wright, 508 Pa. 25, 494 A.2d 354 (1985).