Commonwealth, Aplt. v. Resto, A.

In this appeal, the Court considers whether a mandatory minimum sentencing provision that does not require proof of any aggravating fact violates the Sixth Amendment per Alleyne v. United States , 570 U.S. 99 , 133 S.Ct. 2151 , 186 L.Ed.2d 314 (2013).

At a jury trial, Appellee was convicted of, among other offenses, rape of a child. See 18 Pa.C.S. § 3121(c). At sentencing, the common pleas court implemented the mandatory minimum sentence for that offense per Section 9718(a)(3) of the Sentencing Code, which, in relevant part, prescribes as follows:

A person convicted of the following offenses…