Commonwealth v. Boyles

KELLY, Judge.

In this opinion we are called upon to determine whether the trial court erred in resentencing appellee, John Boyles, below the mandatory minimum provisions of 42 Pa.C.S. § 9718 where the Commonwealth had not informed appellee of the statute’s applicability prior to his guilty plea. Under the circumstances of this case, we conclude that the trial court erred and, therefore, we vacate judgment of sentence and remand for resentencing.

The relevant facts and procedural history are as follows. Appellee was arrested and charged with numerous counts of involuntary deviate sexual…