[Download] "Commonwealth v. Butler" by In the Supreme Court of Pennsylvania Eastern District * eBook PDF Kindle ePub Free

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eBook details

Title: Commonwealth v. Butler
Author : In the Supreme Court of Pennsylvania Eastern District
Release Date : January 27, 2000
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

[J-18-2000] ARGUED: February 1, 2000 OPINION In this direct appeal we are asked to determine whether the Philadelphia County Court of Common Pleas properly found the provisions of 42 Pa.C.S. § 9714, which impose an enhanced mandatory sentence when a person is found to be a high risk dangerous offender, to be unconstitutional because the statutory scheme places the burden on the defendant to rebut the presumption that he is a high risk dangerous offender by clear and convincing evidence. For the reasons that follow, we affirm. 1