Superior Court makes mandatory minimums unconstitutional
In a recent case, of Commonwealth v. Blackney, — A.3d —-, 2016 WL 7322797, 2016 PA Super 287 (Dec. 16, 2016), The Superior Court reasoned that the mandatory minimum provisions requiring a mandatory minimum sentence for a second or subsequent offense of failing to register as a sex offender, is unconstitutional.
The court concluded that applicable section for mandatory minimums for not registering based on a recent Supreme Court announced in Alleyne, is not severable from the remainder of the statute. Therefore, the court held that 42 Pa.C.S. § 9718.4 is unconstitutional in its entirety.”