finding, in context of Commonwealth being precluded from seeking mandatory sentence at revocation of probation where it did not seek the mandatory sentence at the original sentencing proceeding, “[t]his Court may not supply omissions in a statute [Section 6317]” (internal quotation omitted)
How later courts described this case
- finding, in context of Commonwealth being precluded from seeking mandatory sentence at revocation of probation where it did not seek the mandatory sentence at the original sentencing proceeding, “[t]his Court may not supply omissions in a statute [Section 6317]” (internal quotation omitted)
- holding that the court has the authority to consider and select from various statutorily-defined sentencing alternatives in the absence of a mandatory minimum sentence
- affirming trial court’s refusal to impose mandatory minimum at re-sentencing following revocation of probation, where, at defendant’s original sentencing, Commonwealth had agreed to waive mandatory minimum, provided no notice of intent to pursue mandatory minimum, and presented no evidence on applicability of mandatory minimum; Commonwealth was precluded from seeking mandatory minimum sentence at re-sentencing after revocation
- interpreting a distinction between sentencing and resentencing pertaining to mandatory minimum sentences under a version of the Sentencing Code no longer in effect
Written by the judges who cited it.
The opinion
Justice EAKIN,
concurring.
I agree with the per curiam opinion’s conclusion that the Commonwealth could not compel the trial court to apply the mandatory minimum sentence at Appellee’s resentencing. I *571 write separately to acknowledge the Commonwealth’s ability to reserve the right to seek the mandatory minimum sentence should the terms of the plea agreement be violated. That is, waiver of the mandatory here could have been expressly premised on successful completion of probation; a violation of probation would bring it back into play.
Just as the Commonwealth could waive the mandatory minimum sentence in exchange for Appellee agreeing to certain terms and conditions, it also possesses the ability to reserve the right to re-invoke its options should the terms or conditions of the plea agreement be violated. Here, the Commonwealth did not reserve such a right, and hence I join the per curiam opinion.