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COMMONWEALTH v. MUNDAY

No. 3070 EDA 2010

78 A.3d 661 (2013)

2013 PA Super 273

COMMONWEALTH of Pennsylvania, Appellee v. Herbert MUNDAY, Appellant.

Superior Court of Pennsylvania.

Filed October 10, 2013.

Attorney(s) appearing for the Case

J. Michael Farrell , Philadelphia, for appellant.

James F. Gibbons , Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: BENDER, J., PANELLA, J., and FITZGERALD, J.

OPINION BY BENDER, J.

Appellant, Herbert Munday, appeals from the judgment of sentence of an aggregate term of 5-10 years' incarceration imposed following his conviction for drug and firearm offenses. In light of the Supreme Court of the United States' recent holding in Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), Appellant argues the imposition of a mandatory minimum term of 5 years' incarceration...

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