Commonwealth v. Gehris

ORDER

AND NOW, this 27th day of September, 2012, the Court being evenly divided, the Order of the Superior Court is AFFIRMED.

Justice ORIE MELVIN did not participate in the decision of this case. Justice TODD files an Opinion in Support of Affirmance in which Justices EAKIN and McCAFFERY join. Chief Justice CASTILLE files an Opinion in Support of Reversal in which Justices SAYLOR and BAER join. Justice TODD,

in support of affirmance.

Although the Opinion in Support of Reversal (“OISR”) offers a reasoned, plausible, policy-based rationale for interpreting 42 Pa.C.S.A. § 9795.1(b)(1) as reflecting…