Commonwealth v. Foster 2008 PA Super 252

Topic: Mandatory Minimum Sentences

Summary: A challenge alleging that a trial court erroneously applied a mandatory minimum sentence challenges the legality of the sentence, not the discretionary aspects of sentencing. Therefore, a challenge to the application of an erroneously applied mandatory minimum sentence is “non-waivable.”

http://www.pacourts.us/OpPosting/Superior/out/A04002_08.pdf