COM. v. ZORTMAN

No. 11 WAP 2010

23 A.3d 519 (2011)

COMMONWEALTH of Pennsylvania, Appellee v. Sue ZORTMAN, Appellant.

Supreme Court of Pennsylvania.

Decided July 19, 2011.


Attorney(s) appearing for the Case

Andrew Jay Shubin , State College, for Sue Zortman.

Kelley Lynn Nelson , PA Office of Attorney General, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Chief Justice CASTILLE.

The issue in this appeal is whether an inoperable handgun may be considered a "firearm" for purposes of mandatory minimum sentencing under 42 Pa.C.S. § 9712.1 ("Sentences for certain drug offenses committed with firearms"). The Superior Court held that the handgun involved in this case was indeed a "firearm" for purposes of sentence enhancement pursuant to Section 9712.1. For the reasons set forth below, we affirm...

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