Commonwealth v. Munday

OPINION BY

BENDER, J.

Appellant, Herbert Munday, appeals from the judgment of sentence of an aggregate term of 5-10 years’ incarceration imposed following his conviction for drug and firearm offenses. In light of the Supreme Court of the United States’ recent holding in Alleyne v. United States, - U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), Appellant argues the imposition of a mandatory minimum term of 5 years’ incarceration pursuant to 42 Pa.C.S. § 9712.1 constitutes an illegal sentence because the facts necessary for imposition of the mandatory minimum were not established beyond a…