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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 9716 (2026)

 Two or more mandatory minimum sentences applicable.

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§ 9716.  Two or more mandatory minimum sentences applicable.

Where two or more sections requiring mandatory minimum sentences are applicable, the court shall be bound by that section requiring the greater penalty.

(Mar. 8, 1982, P.L.169, No.54, eff. 90 days)

 

1982 Amendment.  Act 54 added section 9716.

Cross References.  Section 9716 is referred to in sections 9712, 9713 of this title.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1990–2023 · leading case: Com. v. Faison, W., 297 A.3d 810, 2023 PA Super 112 (Pa. Super. Ct. 2023).
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Com. v. Faison, W., 297 A.3d 810, 2023 PA Super 112 (Pa. Super. Ct. 2023). · cites it 2× “____________________________________________ 11 See 42 Pa.C.S. § 9716 (“Where two or more sections requiring mandatory minimums sentences are applicable, the court shall be bound by that sections requiring the greater penalty.”
Commonwealth v. Baker, 72 A.3d 652 (Pa. Super. Ct. 2013). “§ 7508(a)(7)(i) for one criminal offense when not authorized and in conflict with 42 Pa.C.S. § 9716? 4. Whether the sentencing court abused its discretion in imposing sentence by running consecutively all of those terms in which mandatory mínimums had been applied, resulting in…”
Commonwealth v. McLaughlin, 574 A.2d 610 (Pa. 1990). · cites it 2× “This is not a case in which two mandatory sentences apply to a single crime, but one in which there are several crimes (or victims), each of which calls for a separate mandatory sentence.”
Com. v. Melendez-Bonilla, J., No. 1047 MDA 2015 (Pa. Super. Ct. Apr. 13, 2016). “Appellant contends that he should have been sentenced only to one term of 25 years of imprisonment under 42 Pa.C.S. § 9716. Appellant’s Brief at 7.”
Com. v. Hogan, E., No. 1328 MDA 2020 (Pa. Super. Ct. Dec. 7, 2021). “42 Pa. C.S. § 9716. Section 9716 is inapposite because burglary and aggravated assault do not require mandatory minimum sentences.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.