Commonwealth v. Kositi

OPINION BY

GANTMAN, J.:

¶ 1 Appellant, Scott M. Kositi, asks us to determine whether the trial court erred in denying and dismissing his petition for reconsideration or modification of sentence for medical reasons, on the ground that the petition was merely an untimely motion for sentence modification, which the court lacked jurisdiction to address. We hold the court erred in dismissing the petition on the stated jurisdictional grounds, where Appellant’s petition for relief fell within the purview of 61 P.S. § 81 (“Act 61”) (allowing limited sentence modification to provide for petitioner’s…