Legal Opinion

Commonwealth v. Gretz

Supreme Court of Pennsylvania

Decided February 1, 1989No. 58 E.D. Allocatur Docket 1988PublishedCited by 16 opinions

1Opinion of the Court

ORDER

2Per curiam

The petition for allowance of appeal is granted. The order of the Superior Court, 538 A.2d 976, is reversed. Commonwealth v. Towns, 517 Pa. 389, 537 A.2d 1361 (1988) (per curiam). Judgment of sentence of the Court of Common Pleas of Chester County is reinstated.

The panel in Towns rejected this argument as “specious”. The court held that the statutory language clearly focuses on the defendant’s status at the time of sentencing; if, at the time of sentencing, the defendant has previously been convicted, it matters not in what sequence the arrests or other events occurred. Judgment of…

3Cases cited2 opinions

  1. Clarke v. Western Assurance Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  2. Commonwealth v. GretzCommonwealth Court of Pennsylvania · 1988

4Cited by16 opinions

  1. In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990
  2. Commonwealth v. TilghmanSupreme Court of Pennsylvania · 1996
  3. Commonwealth v. EllisSupreme Court of Pennsylvania · 1990
  4. Commonwealth v. CozzoneSuperior Court of Pennsylvania · 1991
  5. Commonwealth v. FowlerSupreme Court of Pennsylvania · 1997

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