Opinion

Commonwealth v. Rivera

  • 432 Pa. Super. 88
  • 637 A.2d 997
  • 1994 Pa. Super. LEXIS 371
Court
Superior Court of Pennsylvania
Filed
Feb 14, 1994
Status
Published
Author
Kelly
On the bench
Rowley, McEwen, Cirillo, Olszewski, Sole, Beck, Tamilia, Kelly, Johnson
Cited by
7 cases
Authority
More cited than 8.8%

concluding that the language of 18 Pa.C.S. section 7508(a)(3)(iii) is “susceptible to no ambiguity[.]”

How later courts described this case

  • concluding that the language of 18 Pa.C.S. section 7508(a)(3)(iii) is “susceptible to no ambiguity[.]”

Written by the judges who cited it.

The opinion

*96 KELLY, Judge,

concurring and dissenting:

I agree with the majority’s conclusion that the evidence was sufficient in this case to sustain the guilty verdicts on the charges of criminal conspiracy and possession with intent to distribute a controlled substance. However, I part with the majority on the sentencing issue.

The statutory analysis espoused in Commonwealth v. Dickerson, 533 Pa. 294 , 621 A.2d 990 (1993); Commonwealth v. Beatty, 411 Pa.Super. 450 , 601 A.2d 1253 (1992) (en banc), alloc. granted 531 Pa. 644 , 612 A.2d 983 (1992); and Commonwealth v. Eyster, 401 Pa.Super. 477 , 585 A.2d 1027 (1991), appeal denied, 529 Pa. 646 , 602 A.2d 857 (1992), that a “previous conviction” must precede a subsequent offense before the “previous conviction” can be used to enhance the sentence for the later offense, applies with equal vigor in the case at bar. Here, appellant committed his second offense before he was convicted for his first offense. Under these circumstances, I would vacate judgment of sentence and remand for resentencing. Hence, I respectfully dissent.

CIRILLO and JOHNSON, JJ., join.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.