Commonwealth v. Eisenberg, M., Aplt

OPINION

Chief Justice CASTILLE.

The controlling issue in this unusual direct appeal from a conviction arising under the Gaming Act 1 is whether imposition of a mandatory minimum fine of $75,000 for a conviction of a first-degree misdemeanor theft of $200 violates the prohibition of Article I, Section 13 of the Pennsylvania Constitution against excessive fines. 2 For the reasons set forth below, we conclude that, under the circumstances, the fine imposed indeed is unconstitutionally excessive. Accordingly, we vacate that portion of the judgment of sentence involving the mandatory fine and we…