Commonwealth v. Swift, J.

Summary

The Supreme Court of Pennsylvania granted allowance of appeal in part to consider whether separate, consecutive sentences for two counts of Arson-Endangering Property constituted an illegal sentence under the applicable statute. The court vacated the Superior Court’s order and remanded for reconsideration in light of Commonwealth v. Smith, while denying allowance of appeal on all remaining issues.

Holdings

1. The Supreme Court granted allowance of appeal on the identified sentencing issue, vacated the Superior Court's order, and remanded for reconsideration in light of Commonwealth v. Smith; it did not decide the underlying statutory-construction question.

Questions Presented

1. Whether the sentencing court imposed an illegal sentence by imposing separate, consecutive sentences for two convictions for arson-endangering property when the applicable statute, properly construed, may provide for a single sentence regardless of the number of properties endangered.

Disposition

vacated