Commonwealth v. Shifflett, G., Aplt.

Summary

Justice Mundy dissents, arguing that Pennsylvania's Vehicle Code § 3806 is not facially unconstitutional and that a prior acceptance of an administrative revocation of driving (ARD) does not require a jury finding under the Apprendi rule. He contends the statute can be applied consistently with Apprendi and Alleyne and that the majority’s reasoning mischaracterizes the procedural requirements. The dissent emphasizes that the distinction between prior convictions and prior ARD acceptances lacks constitutional significance.