Legal Opinion

Commonwealth v. Sematis

Supreme Court of Pennsylvania

Decided March 30, 1989No. 711PublishedCited by 3 opinions

1Opinion of the Court

HOFFMAN, Judge:

This is an appeal from the judgment of sentence for kidnapping while in visible possession of a firearm. Appellant contends that (1) the imposition of the statutorily required five to ten years incarceration 1 constitutes cruel and unusual punishment in light of his unique circumstances, (2) in the alternative, if the mandatory sentencing Act is constitutional, “total confinement” should be construed to include involuntary mental health treatment, and (3) the trial court erred in failing to order implementation of such a mental health treatment plan. For the reasons that…

2Cases cited3 opinions

  1. Commonwealth v. LarkinSupreme Court of Pennsylvania · 1988
  2. Erie-Western Pennsylvania Port Authority v. RugareCommonwealth Court of Pennsylvania · 1977
  3. Commonwealth v. MichaelSupreme Court of Pennsylvania · 1986

3Cited by3 opinions

  1. Commonwealth v. YasipourSuperior Court of Pennsylvania · 2008
  2. Commonwealth v. StevensonSuperior Court of Pennsylvania · 2004
  3. Com. v. Walls, L.Superior Court of Pennsylvania · 2017

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