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COMMONWEALTH of Pennsylvania, Respondent, v. Melvin APONTE, Petitioner

Supreme Court of Pennsylvania2002-06-05No. Appeal No. 611 EAL 2001
569 Pa. 506805 A.2d 1210

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 5th day of June, 2002, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Whether 35 P.S. § 780-115(a), which permits the doubling of the statutory maximum penalty upon proof of a prior conviction for a similar crime, without requiring proof beyond a reasonable doubt and providing for a right to a jury trial, violates the Pennsylvania and United States constitutions?