Commonwealth v. Mazzetti

Jun 04, 2012

OUTCOME: Supreme Court ruled in favor of defendant

Commonwealth sought to impose a 2 to 4 year mandatory minimum sentence after Defendant Mazzetti violated probation for possession with intent to deliver marijuana, based upon Pennsylvania's "school zon ... e mandatory." The PA Supreme Court held that when a defendant violates probation, the sentencing judge, rather than the prosecutor, determines the appropriate sentence. The Commonwealth unsuccessfully argued that the school zone mandatory minimum statute gave it the authority to dictate to the judge what the appropriate sentence should be. Citation: 44 A.3d 58.