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COMMONWEALTH of Pennsylvania, Petitioner v. Ricardo CRUZ, Respondent

Supreme Court of Pennsylvania2014-01-16No. No. 617 MAL 2012
623 Pa. 56183 A.3d 411

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 16th day of January 2014, the Petition for Allowance of Appeal is GRANTED. The order of the Superi- or Court is REVERSED pursuant to Commonwealth v. Cunningham, 622 Pa. 543, 81 A.3d 1, 2013 WL 5814388 (2013), (holding that the U.S. Supreme Court’s ban on sentencing schemes that impose a mandatory life sentence without the possibility of parole for juveniles in Miller v. Alabama, — U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively). Justice EAKIN did not participate in the consideration or decision of this matter.