Commonwealth v. Samuel

ORDER

PER CURIAM.

AND NOW, this 27th day of September, 2007, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Whether the trial court erred in applying § 9714 mandatory strike two provision when Petitioner had not been convicted of a crime of violence in the instant case as the jury was neither *657instructed to find nor did it find that a person was present when Petitioner entered a building adapted for overnight accommodation.