Commonwealth v. Shifflett, G., Aplt.

Summary

The Pennsylvania Supreme Court held that Section 3806’s inclusion of acceptance of Accelerated Rehabilitative Disposition (ARD) as a “prior offense” for sentencing enhancements violates the Sixth Amendment as interpreted in Alleyne and Apprendi, rendering that portion of the statute facially unconstitutional. The Court severed the ARD term as invalid while leaving the remainder of the statute intact, reversed the Superior Court’s vacatur, and remanded for reinstatement of the first‑offender sentence.