IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 252 WAL 2019
:
Respondent :
: Petition for Allowance of Appeal
: from the Order of the Superior Court
v. :
:
:
JAMES PAUL FINNECY, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 11th day of February, 2020, the Petition for Allowance of Appeal
is GRANTED. The issue, rephrased for clarity, is:
Does a single, past conviction for a violent crime constitute a “history of
present or past violent behavior” for purposes of the Recidivism Risk
Reduction Incentive Act (“RRRI Act”), 61 Pa.C.S. §§ 4501-4512?
Moreover, the parties are directed to address the following threshold issue as well:
Does a court’s failure to apply a RRRI minimum sentence implicate the
legality of sentence?