Legal Opinion

Commonwealth v. Sherwood

Superior Court of Pennsylvania

Decided September 21, 2004PublishedCited by 2 opinions

1Opinion of the Court

OPINION BY

DEL SOLE, P.J.:

¶ 1 This is an appeal by the Commonwealth from a trial court order issued in response to Appellee’s application for restoration of firearm rights. Finding no allegation or evidence that Appellee’s firearm rights were ever removed pursuant to the Pennsylvania Crimes Code, we find the trial court’s order was improper and must be vacated.

¶ 2 In 1982, Appellee pled guilty to the crime of statutory rape in violation of former § 3122 of the Crimes Code. This offense was classified as a felony of the second degree and was punishable for a maximum term of not more than ten…

2Cases cited6 opinions

  1. Commonwealth Ex Rel. Baldwin v. RichardSupreme Court of Pennsylvania · 2000
  2. Mixon v. CommonwealthCommonwealth Court of Pennsylvania · 2000
  3. Pennsylvania State Police v. PaulshockSupreme Court of Pennsylvania · 2003
  4. Pennsylvania State Police v. PaulshockCommonwealth Court of Pennsylvania · 2001
  5. Mixon v. CommonwealthSupreme Court of Pennsylvania · 2001

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Commonwealth v. StiverSuperior Court of Pennsylvania · 2012
  2. Ilgenfritz, W. v. PA State PoliceSuperior Court of Pennsylvania · 2016

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