Commonwealth v. Foster

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice BAER.

In Commonwealth v. Dickson, 591 Pa. 364, 918 A.2d 95 (2007), this Court determined that Section 9712(a) of the Judicial Code, which directs imposition of a mandatory minimum sentence of not less than five years of imprisonment upon any person convicted of an enumerated violent crime while in visible possession of a firearm, did not apply to any “unarmed co-conspirators.” In this case, we are called to decide whether a “Dickson challenge” by an unarmed co-conspirator implicates the legality of the unarmed co-conspirator’s sentence for…