Commonwealth v. Bell

OPINION

NIX, Chief Justice.

This case requires our review of the applicability and constitutionality of section 9712 of the Mandatory Minimum Sentencing Act, 42 Pa.C.S. § 9712, which requires the imposition of a minimum prison sentence of at least five years *338upon conviction of certain enumerated felonies, where it is proven at sentencing by a preponderance of the evidence that the accused visibly possessed a firearm during the commission of the offense. Appellee was convicted in a bench trial of voluntary manslaughter in the Court of Common Pleas of Philadelphia County. That court thereafter…