*1 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT M.D. Appeal Dkt. 36 MAP 2017 COMMONWEALTH OF PENNSYLVANIA, : No. 138 MAL 2017

: Petitioner : : Petition for Allowance of Appeal from : the Order of the Superior Court v. : : : JONATHAN NELSON SMITH, :

: Respondent : ORDER PER CURIAM

AND NOW , this 26th day of July, 2017, the Petition for Allowance of Appeal is GRANTED . The issues, as stated by petitioner are:

(1) The Pennsylvania Superior Court’s Opinion misapplies the Deadly Weapon Used

enhancement, which leads to a result inconsistent with statutory construction by reading an additional specific intent element into the Deadly Weapon Used statute that does not exist in the plain language[.]

(2) The Pennsylvania Superior Court rendered a decision that is inconsistent with

the plain language of Commonwealth v. Buterbaugh , infra , and thereby leads to a misapplication of Buterbaugh and an irreconcilable conflict between Superior Court case law[.]

(3) The Pennsylvania Superior Court’s decision is inconsistent with fundamental

notions of mens rea and the applicability of mens rea when no mens rea is specifically stated, improperly creating a default mens rea of specific intent.