SUPERIOR COURT OF PENNSYLVANIA VACATES ILLEGAL SENTENCE IMPOSED FOR MAN ACCUSED OF INVOLUNTARY DEVIATE SEXUAL INTERCOURSE AND RELATED SEX OFFENSES

After being convicted by a jury of committing various sex offenses against a minor, the sentencing court imposed a term of imprisonment of ten to twenty years on a single count, involuntary deviate sexual intercourse, pursuant to a mandatory sentencing provision.  On appeal, Attorney Noel argued that the mandatory sentencing provision at issue had been declared unconstitutional by the Supreme Court of Pennsylvania in 2016, and that the sentence imposed was therefore illegal.

The Superior Court agreed with Attorney Noel that the sentencing court imposed sentence pursuant to an irremediably unconstitutional statute, vacated the entirety of the order of sentence, and remanded for resentencing.