Commonwealth v. Wilson

OPINION

Chief Justice CAPPY.

This appeal raises the issue of whether the Commonwealth is permitted to present evidence of the youth/school sentence enhancement set forth at 204 Pa.Code § 303.9(c) 1 at a sen- fencing hearing on remand after Appellee’s initial sentence was vacated due to insufficient evidence supporting the enhancement. Because Appellee’s sentence had been vacated and the matter remanded for a new sentencing hearing, the original sentence was rendered a nullity and the trial court did not err in treating the case anew for evidentiary purposes. At the second sentencing hearing,…