IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 719 MAL 2014
:
Petitioner :
: Petition for Allowance of Appeal from the
: Order of the Superior Court
v. :
:
:
JAMES ARTHUR BALL, III., :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 24th day of March, 2015, the Petition for Allowance of Appeal is
GRANTED. The issues, as stated by petitioner, are:
(1) Given the extensive impact the Superior Court’s published opinion could
have on the lower courts and prosecution offices in situations where a
defendant initiates a statutory summary appeal from a Magisterial District
Judge’s sua sponte finding of guilt on an uncharged, lesser-included
offense, should this Honorable Court grant review because the purpose
for double jeopardy protections are not implicated, or implicated minimally,
when the defendant appeals his conviction for a trial de novo?
(2) Should this Honorable Court exercise its supervisory authority over the
Superior Court’s erroneous discharge of defendant and remand his case
for sentencing on the lesser-included offense he appeals and necessarily
was found guilty of committing?