Commonwealth v. Kelly, A.
CourtSupreme Court of Pennsylvania
Date FiledNovember 9, 2026
Docket466 MAL 2025
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 466 MAL 2025
:
Respondent :
: Petition for Allowance of Appeal
: from the Unpublished
v. : Memorandum and Order of the
: Superior Court at No. 892 EDA
: 2024 entered on July 30, 2025,
ANTONIO KELLY, : affirming the Judgment of
: Sentence of the Delaware County
Petitioner : Court of Common Pleas at No.
: CP-23-CR-0003396-2022 entered
: on February 29, 2024
ORDER
PER CURIAM DECIDED: November 9, 2026
AND NOW, this 9th day of November, 2026, the Petition for Allowance of Appeal
is GRANTED in part. The order of the Superior Court is REVERSED, the judgment of
sentence is VACATED, and the case is REMANDED to the trial court for resentencing in
accordance with Commonwealth v. Lee, 357 A.3d 356 (Pa. 2026). Allocatur is DENIED
as to all remaining issues.