Commonwealth v. Pennybaker, K.

ORDER

AND NOW, this 31st day of August 2016, the Petition for Allowance of Appeal is GRANTED. The Superior Court’s order is VACATED and Petitioner’s judgment of sentence is VACATED. The matter is REMANDED to the trial court for resentencing without application of 42 Pa.C.S. § 9718.4. See Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247 (2015) and Commonwealth v. Wolfe, 636 Pa. 37, 140 A.3d 651 (2016).

Chief Justice SAYLOR, Justice TODD, and Justice DOUGHERTY dissent as they would grant the petition and hear the appeal.