
    COMMONWEALTH of Pennsylvania, Petitioner v. Kathleen E. BRADDOCK, Respondent
    No. 309 MAL 2017
    Supreme Court of Pennsylvania.
    November 20, 2017
   ORDER

PER CURIAM

AND NOW, this 20th day of November, 2017, the Petition for Allowance of Appeal is GRANTED. The issue, as framed by the Commonwealth, is as follows:

Whether the Superior Court, relying on Commonwealth v. Giron, 155 A.3d 635 (Pa. Super. 2017), improperly expanded the illegal sentencing doctrine when it vacated Braddock’s sentence on a non-preserved constitutional issue, holding that Birchfield v. North Dakota, — U.S. -, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), rendered enhanced penalties under 75 Pa.C.S. §§ 3803-3804 illegal, even though Birchfield recognized exigent circumstances or a search warrant can still justify increased penalties for a blood test refusal?  