Commonwealth v. Brice
Superior Court of Pennsylvania
1ConcurrenceBender, J.
¶ 1 While I concur with the Majority in affirming Appellant’s judgment of sentence, I write separately to respectfully express my concern over the liberal interpretation of what constitutes a “playground” under the statutory language of 18 Pa.C.S. § 6317. Given the serious consequences of the imposition of a mandatory minimum increase in sentencing, this determination should not be made without careful consideration of the actual circumstances of the case as well as the children the statute was enacted to protect. In *113order to ensure fair and equal application of the law, it is necessary to…
2Cases cited3 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Commonwealth v. RunionSuperior Court of Pennsylvania · 1993