[J-18-2019]
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 755 CAP
:
Appellee :
: Appeal from the Orders entered on
: January 29, 2003, March 25, 2003
v. : and August 26, 2011 in the Court of
: Common Pleas, Philadelphia County,
: Criminal Division at CP-51-CR-
KEVIN PELZER, : 1031752-1988, denying in part post
: conviction relief. (Nunc pro tunc
Appellant : appeal rights reinstated on June 1,
2017.)
SUBMITTED: February 4, 2019
ORDER
PER CURIAM DECIDED: November 26, 2019
AND NOW, this 26th day of November, 2019, the appeal is DISMISSED.
Presently, because Pelzer is not currently sentenced to death, this Court lacks jurisdiction
over the appeal. See 42 Pa.C.S. § 9546(d) (providing this Court with exclusive appellate
jurisdiction over “a final order” in a “case in which the death penalty has been imposed”).
The case is REMANDED to the Philadelphia Court of Common Pleas for
sentencing pursuant to our previous mandate in Commonwealth v. Daniels and Pelzer,
104 A.3d 267, 319 (Pa. 2014).
Justice Dougherty files a concurring statement joined by Justice Mundy.
Justice Wecht files a concurring statement joined by Justice Donohue.
Chief Justice Saylor and Justices Baer and Todd did not participate in the
consideration or decision of this matter.