IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
M.D. Appeal Dkt.
73 MAP 2017
COMMONWEALTH OF PENNSYLVANIA, : No. 309 MAL 2017
:
Petitioner :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
KATHLEEN E. BRADDOCK, :
:
Respondent :
ORDER
PER CURIAM
AND NOW, this 20th day of November, 2017, the Petition for Allowance of Appeal is
GRANTED. The issue, as framed by the Commonwealth, is as follows:
Whether the Superior Court, relying on Commonwealth v.
Giron, 155 A.3d 635 (Pa. Super. 2017), improperly
expanded the illegal sentencing doctrine when it vacated
Braddock’s sentence on a non-preserved constitutional
issue, holding that Birchfield v. North Dakota, 136 S.Ct. 2160
(2016), rendered enhanced penalties under 75 Pa.C.S. §§
3803-3804 illegal, even though Birchfield recognized exigent
circumstances or a search warrant can still justify increased
penalties for a blood test refusal?