*1 DECIDED: OCTOBER 3, 2017 IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 128 MAL 2017
:
Respondent :
: Petition for Allowance of Appeal from : the Published Opinion and Order of v. : the Superior Court at No. 530 MDA
: 2016, at 154 A.3d 803 (Pa. Super. : 2017) entered on January 26, 2017, KIM DAVID MARCH, : reversing and remanding the Order
: Entered of the Berks County Court of Petitioner : Common Pleas at No. CP-06-CR-
: 0005650-2015 entered on March 3, 2016
ORDER
PER CURIAM
AND NOW , this 3rd day of October, 2017, the Petition for Allowance of Appeal is
GRANTED . The Superior Court’s order is VACATED and this matter is REMANDED
to the Superior Court for reconsideration in light of this Court’s decision in
Commonwealth v. Myers , __ A.3d __, 7 EAP 2016, 2017 WL 3045867 (Pa. July 19,
2017) and the United States Supreme Court’s decision in Birchfield v. North Dakota , __
U.S. __, 136 S.Ct. 2160 (2016).