J-S17005-16

_____________________________ *Former Justice specially assigned to the Superior Court. NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v. DEAN PLETZ Appellant No. 2058 WDA 2014

Appeal from the Judgment of Sentence July 16, 2014 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0000387-2013

BEFORE: GANTMAN, P.J., SHOGAN, J., and FITZGERALD, J.* JUDGMENT ORDER BY GANTMAN, P.J.: FILED FEBRUARY 17, 2016 Appellant, Dean Pletz, appeals from the judgment o f sentence entered in the Allegheny County Court of Common Pleas, foll owing his guilty plea to eight (8) counts of robbery, two (2) counts of rece iving stolen property, and one (1) count each of burglary, theft by unlawful t aking, unauthorized use of automobiles, firearms not to be carried without a l icense, and persons not to possess firearms. 1 Appellant entered his guilty plea on April 7, 201 4. On July 16, 2014, the court sentenced Appellant to con current terms of (10) to twenty (20) years’ imprisonment for seven of Appell ant’s robbery convictions, pursuant to the mandatory minimum stat ute at 42 Pa.C.S.A. §

____________________________________________ 1 18 Pa.C.S.A. §§ 3701(a)(1)(ii), 3701(a)(1)(iv), 39 25, 3502, 3921(a), 3928(a), 6106(a)(1), 6105(a)(1), respectively.J-S17005-16

- 2 -

9714(a)(1). The court imposed no further penalty f or the remaining offenses. Appellant timely filed a post-sentence m otion on July 21, 2014, which the court denied on November 19, 2014. On De cember 19, 2014, Appellant timely filed a notice of appeal. The cou rt ordered Appellant to file a Pa.R.A.P. 1925(b) statement, and Appellant timely complied. For sentences on second or subsequent offenses, 42 Pa.C.S.A. § 9714 sets forth a mandatory minimum sentence of ten (10) years’ imprisonment where a defendant has previously been convicted of a crime of violence. See 42 Pa.C.S.A. § 9714(a)(1). Section 9714(d) states that the statute’s provisions shall not be an element of the crime, an d that the accuracy of the defendant’s prior record, if contested, shall be de termined by the court at sentencing by a preponderance of the evidence. See 42 Pa.C.S.A. § 9714(d).
In Alleyne v. United States , ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), the U.S. Supreme Court expressl y held that any fact that increases the mandatory minimum sentence for a crime is considered an element of the crime to be submitted to the fact -finder and found beyond a reasonable doubt. Id. The Alleyne Court, however, carved out a narrow exception where a defendant’s prior conviction is t he “fact” triggering application of a mandatory minimum sentence. Id. at ___ n.1, 133 S.Ct. at 2160 n.1, 186 L.Ed.2d at ___ n.1. See also Commonwealth v. Reid , 117 A.3d 777 (Pa.Super. 2015) (explaining Alleyne did not overturn existingJ-S17005-16

- 3 -

precedent that prior convictions are sentencing fac tors and not elements of offenses; Section 9714 enumerates mandatory minimum sentences based on prior convictions, and is constitutional under Alleyne ; court’s imposition of mandatory minimum sentence under Section 9714 wa s lawful); Commonwealth v. Miller , 102 A.3d 988, 995 n.5 (Pa.Super. 2014) (explaining fact of prior conviction does not need to be submitted to factfinder and found beyond reasonable doubt; Alleyne allows mandatory minimum sentence based on fact of prior conviction)

. Instantly, the court imposed concurrent ten-year m andatory minimum sentences for seven of Appellant’s robbery convicti ons. Appellant does not dispute, and the record shows, that he has a prior conviction for a crime of violence in 1993. Based on Appellant’s prior convi ction for a crime of violence, the court’s imposition of the mandatory m inimum sentences per Section 9714 was lawful under Alleyne and its progeny. See Alleyne,
supra ; Reid, supra ; Miller, supra . Accordingly, we affirm. Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 2/17/2016J-S17005-16

- 4 -