Commonwealth v. Smith, J.

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.