
    COMMONWEALTH of Pennsylvania, Petitioner v. Oliver FOSTER, Respondent.
    Supreme Court of Pennsylvania.
    March 5, 2009.
   ORDER

PER CURIAM.

AND NOW, this 5th day of March 2009, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Did the Superior Court err in determining that [Respondent’s] challenge to the application of a mandatory minimum sentence was a non-waivable challenge to the legality of the sentence despite the fact that the sentence did not exceed the statutory maximum sentence for the crime of which he was convicted?  