In Commonwealth v. Johnson, the Superior Court confronted an issue critical for lawyers who practice in both New Jersey and Pennsylvania. The defendant was convicted of robbery in Pennsylvania but had a prior third-degree aggravated assault conviction from New Jersey. The trial court considered the foreign conviction a “strike” under 42 Pa.C.S. § 9714 — … Read more
In Commonwealth v. Widger, the Superior Court tap-danced around Commonwealth v. Wolf and held that Section 9718(a)(3) — imposing a 10-year mandatory minimum for aggravated indecent assault of a child less than 13 years of age — is constitutional as all elements necessary to impose the mandatory sentence are determined by the fact finder at trial.