Commonwealth v. Whitmore

OPINION

Justice NEWMAN.

We granted allowance of appeal to decide “whether the Superior Court exceeded its authority by sua sponte removing the sentencing judge.” Commonwealth v. Whitmore, 584 Pa. 436, 884 A.2d 247 (2005). For the reasons herein, we hold that it did, and therefore, reverse the Superior Court.

*378 FACTS AND PROCEDURAL HISTORY

On January 11, 1999, in the entrance of an alleyway behind the 3100 block of Custer Street in Philadelphia, Raheem Whitmore (Appellee) sold Patricia Lee (Lee) six clear plastic, black-lidded vials containing crack cocaine in exchange for an undetermined amount of…