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Commonwealth v. Butler

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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. ยง 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


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