Commonwealth v. Burnsworth

OPINION

MONTEMURO, Justice.

Appellant, the Commonwealth of Pennsylvania, appeals from a judgment of sentence entered by the Erie County Court of Common Pleas in which the common pleas court sentenced Appellee, Mark Allen Bumsworth, to six to twelve months imprisonment, followed by forty-eight months of probation. In fashioning such a sentence, the common pleas court refused to impose a minimum mandatory sentence as required by our legislature. Instead, the sentencing court declared that the mandatory sentencing provisions of 18 Pa.C.S. § 7508(a)(1)(i), (ii), and (in), relating to “live plants,”…