Commonwealth v. Heath

OPINION

ZAPPALA, Justice.

This is an appeal by James B. Heath, Jr. from an order of the Superior Court affirming the judgment of sentence of the Court of Common Pleas of Lancaster County. 400 Pa.Super. 618, 576 A.2d 1133. The question presented is whether the court, which resentenced appellant after his original sentence was vacated, erred by imposing the mandatory minimum sentence for involuntary deviate sexual intercourse pursuant to 42 Pa.C.S. § 9718, when the original sentence was vacated by Superior Court for the Commonwealth’s failure to give notice of its intent to seek the mandatory…