
    COMMONWEALTH of Pennsylvania, Petitioner v. Jonathan Nelson SMITH, Respondent
    No. 138 MAL 2017
    Supreme Court of Pennsylvania.
    July 26, 2017
   ORDER

PER CURIAM

AND NOW, this 26th day of July, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner are:

(1) The Pennsylvania Superior Court’s Opinion misapplies the Deadly Weapon Used enhancement, which leads to a result inconsistent with statutory construction by reading an additional specific intent element into the Deadly Weapon Used statute that does not exist in the plain language[.]
(2) The Pennsylvania Superior Court rendered a decision that is inconsistent with the plain language of Commonwealth v. Buterbaugh, infra, and thereby leads to a misapplication of Buterbaugh and an irreconcilable conflict between Superior Court case law[.]
(3)The Pennsylvania Superior Court’s decision is inconsistent with fundamental notions of mens rea and the applicability of mens rea when no mens rea is specifically stated, improperly creating a default mens rea of specific intent.  