Commonwealth v. Wooten

OPINION

NIX, Chief Justice.*

This appeal presents two issues under section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, for our consideration, namely (1) whether the provision is applicable to a situation in which the defendant neither introduced the firearm into the confrontation which culminated in the prohibited act nor initially precipitated the confrontation; and (2) whether the requirement of “visible possession” must be proven by the testimony of an eyewitness who actually saw the firearm during the commission of the offense, or whether some other evidence might…