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COM. v. BAKER

No. 1 MAP 2012

78 A.3d 1044 (2013)

COMMONWEALTH of Pennsylvania, Appellee, v. Jeffrey Wayne BAKER, Appellant.

Supreme Court of Pennsylvania.

Decided October 30, 2013.

Attorney(s) appearing for the Case

Timothy Lee Clawges, Esq. , Cumberland County Public Defender's Office, Charles P. Mackin Jr., Esq. , Charles P. Mackin, P.C., for Baker, Jeffrey Wayne, Appellant.

Karl Baker, Esq. , Ellen T. Greenlee, Esq. , Peter Rosalsky, Esq. , Defender Association of Philadelphia, Appellant Amicus Curiae.

David James Freed, Esq. , Matthew Peter Smith, Esq. , Cumberland County District Attorney's Office, Commonwealth of Pennsylvania, Appellee.

Ronald Eisenberg, Esq. , Edward F. McCann Jr., Esq. , Philadelphia District Attorney's Office, Pennsylvania District Attorney's Association, Hugh J. Burns Jr., Esq. , R. Seth Williams, Esq. , Pennsylvania District Attorney's Association, Appellee Amicus Curiae.

Kathleen Granahan Kane, Esq. , Richard A. Sheetz Jr., Esq. , PA Office of Attorney General, Linda L. Kelly, Esq. , Office of Attorney General, Attorney General's Office, Appellee Amicus Curiae.

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

OPINION

Justice McCAFFERY.

At issue in this discretionary appeal is whether the 25-year mandatory minimum sentence of imprisonment imposed for Appellant's second conviction of possessing child pornography is grossly disproportionate to the crime and, therefore, unconstitutional. We determine that the punishment is not grossly disproportionate to the crime and, accordingly, we affirm.

Appellant was first convicted of possession of child pornography...

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