*1 DECIDED: October 20, 2016 IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 343 MAL 2016

:

Respondent :

: Petition for Allowance of Appeal from : the Unpublished Memorandum and v. : Order of the Superior Court at No. 1364

: MDA 2014 entered on October 20, : 2015, vacating and remanding the CALEB DANIEL FOX, : Judgment of Sentence of the Luzerne

: County Court of Common Pleas at No.

Petitioner : CP-40-CR-0002759-2013 entered on

: July 1, 2014 ORDER

PER CURIAM

AND NOW , this 20th day of October, 2016, the Petition for Allowance of Appeal

is GRANTED , the order of the Superior Court is VACATED , and the matter is

REMANDED for proceedings consistent with Commonwealth v. Lutz-Morrison , 143

A.3d 891 (Pa. 2016).

Justice Wecht did not participate in the consideration or decision of this matter.