Commonwealth v. Bannister

CIRILLO, Judge:

This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County. Appellant was sentenced to five to ten years in the State Correctional Institute in accordance with the Firearms provision of the Mandatory Sentencing Act, 42 Pa.C.S. § 9712. Appellant challenges the constitutionality of the Act, which in pertinent part provides:

§ 9712. Sentences for offenses committed with firearms(a) Mandatory sentence.—Any person who is convicted in any court of this Commonwealth of murder of the third degree, voluntary manslaughter, rape, involuntary…