Stodghill v. Pennsylvania Department of Corrections

DISSENTING OPINION BY

SENIOR JUDGE FRIEDMAN

Because I believe that the majority’s interpretation of section 9718.1 of the Sentencing Code, 42 Pa. C.S. § 9718.1, violates the Statutory Construction Act of 1992 (Act), 1 Pa. C.S. §§ 1501-1991, I respectfully dissent.

Stodghill filed a petition for writ of mandamus, asking this court to direct Department to interpret 42 Pa. C.S. § 9718.1(b), according to its plain meaning and consider him parole-eligible because he has participated in a sex offender treatment program. Department filed preliminary objections, seeking to dismiss the petition under Pa.…