(b) Only the most serious juvenile adjudication of each prior disposition is counted in the Prior Record Score. Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. Code § 303.4 (relating to Prior Record Score—categories). Murder of Unborn Child, and attempt, solicitation or conspiracy to commit Murder of Unborn Child Offenses with OGS 11 or greater, excluding inchoates and Violations of the Controlled Substance Act Ethnic Intimidation to any Felony 1 offense (2) Three Point Offenses. Code § 303.17(b) (relating to Deadly Weapon Enhancement/Used Matrix); 204 Pa. (2) When the court determines that the offender manufactured, delivered or possessed with intent to deliver a controlled substance within 250 feet of the real property on which is located a public or private elementary or secondary school, the court shall consider the sentence recommendations described in § 303.9(c). § 9714(g) in association with a criminal gang, the court shall instead consider the sentence recommendations described in § 303.9(j). Code § 303.4 (relating to Prior Record Score—categories). Prior juvenile adjudications are counted in the Prior Record Score when the following criteria are met: (1) The juvenile offense occurred on or after the offender’s 14th birthday, and (2) There was an express finding by the juvenile court that the adjudication was for a felony or one of the Misdemeanor 1 offenses listed in § 303.7(a)(4). Immediately preceding text appears at serial pages (364221) to (364222). Code § 303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. Code § 303.17(a) (relating to Deadly Weapon Enhancement/Possessed Matrix); 204 Pa. § 2702(a)(4)) (vii) Theft when property stolen is a firearm (18 Pa. (4) The Deadly Weapon Enhancement shall apply to each conviction offense for which a deadly weapon is possessed or used. (1) When the court determines that the offender distributed a controlled substance to a person or persons under the age of 18, the court shall consider the range of sentences described in § 303.9(c).

intimidating a witness sentencing guidelines-25

Because of the abuse of discretion, the sentence was vacated and the matter remanded for resentencing. (c) The sentencing guidelines shall apply to all offenses committed on or after the effective date of the guidelines. Offenders who have previous convictions or adjudications for Felony 1 and/or Felony 2 offenses which total 6 or more points in the prior record, and who do not fall within the Repeat Violent Offender Category, shall be classified in the repeat Felony 1 and Felony 2 Offender Category. Offenders who do not fall into the REVOC or RFEL categories shall be classified in a Point-based Category. If the sentencing court then wishes to impose a sentence outside the guidelines, it may do so provided it places adequate reasons for the deviation on the record. Non-judicial punishments or administrative actions (e.g., Article 15, Article 134) which are not convictions shall not be counted in the Prior Record Score. (2) A charge which is nolle prossed, dismissed, or on which a demurrer is sustained. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation. § 1543(b) (Driving While Operating Privilege is Suspended or Revoked, Certain Offenses), 75 Pa. (j) Criminal Gang Enhancement sentence recommendations. If the court determines that either a crime of violence as defined in 42 Pa. (k) Third Degree Murder of a Victim Younger than Age 13 Enhancement sentence recommendations. § 2502(c) was less than 13 years of age at the time of the offense, the court shall instead consider the Third Degree Murder of a Victim Younger than Age 13 Enhancement.

Deviation from Guidelines The sentencing court, which deviated from the guidelines’ suggested range, abused its discretion by focusing on its perceived seriousness of the offense, and by expressing its opinion that the guidelines for the particular offense are ‘‘ridiculous.’’ The court also failed to consider the character and circumstances of the defendant. (b) The sentencing guidelines do not apply to sentences imposed as a result of the following: accelerated rehabilitative disposition; disposition in lieu of trial; direct or indirect contempt of court; violations of protection from abuse orders; revocation of probation, intermediate punishment or parole. The Omnibus Offense Gravity Scores are provided below and in the listing at § 303.15: The provisions of this § 303.3 amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 27, 2014, effective September 26, 2014, 44 Pa. (2) Repeat Felony 1 and Felony 2 Offender Category (RFEL). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 1, 2017, effective December 1, 2017, applicable to all sentences for offenses committed on or after January 1, 2018, 47 Pa. Deadly Weapon Enhancement Because the sentencing court failed to consider the guidelines with the deadly weapon enhancement, the sentence must be vacated and the case remanded for resentencing. (2) A court-martial for a criminal offense under the Uniform Code of Military Justice is considered a federal conviction and is scored as a conviction for the current equivalent Pennsylvania offense. Rules 300—320 (relating to accelerated rehabilitative disposition), 35 P. § 780-117 (relating to probation without verdict) or 35 P. § 780-118 (relating to disposition in lieu of trial or criminal punishment). Guidelines Violated The sentencing court abused its discretion by unreasonably deviating from these sentencing guidelines and imposing an unreasonably lenient sentence. (d) Aggravated and mitigated sentence recommendations. To determine the aggravated and mitigated sentence recommendations, apply § 303.13. All numbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa. (g) When the guideline sentence recommendation exceeds that permitted by 18 Pa. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. § 3802 (Driving Under the Influence of Alcohol or Controlled Substance) or 75 Pa. The court may use a Qualified Restrictive Intermediate Punishment pursuant to § 303.12(a)(6) to satisfy the mandatory minimum requirement as provided by law. The Criminal Gang Enhancement adds 12 months to the lower limit and adds 12 months to the upper limit of the standard range.

Amendments to the guidelines went into effect August 9, 1991 and December 20, 1991. 2007) Where the sentence substantially exceeded the aggravated range, but was within the statutory limits, and the trial court made the required contemporaneous findings to support the deviation, the Superior Court erred in not allowing an appeal of the sentence to determine if it was excessive. The court shall consider the enhancement with the higher sentence recommendation. If the court determines that one or more of the factors described in § 303.10(f) are present, the court shall instead consider the Arson Enhancement. When the Human Trafficking Enhancement is applied, the Offense Gravity Score assignments listed for 18 Pa. The points for each factor (§ 303.10(g)(1)—(4)) shall be cumulative, for a maximum of four points.

New guidelines were drafted and became effective on April 25, 1988. The Offense Gravity Score is one point higher than the assignments for 18 Pa. (3) When applying enhancement when both aggravating circumstances are present. (n) Human Trafficking Enhancement sentence recommendations. If the court determines that one or more of the factors described in § 303.10(g) are present, the court shall instead consider the Human Trafficking Enhancement. § 3011 (relating to trafficking in individuals) and § 3012 (relating to involuntary servitude) in § 303.15 are increased by one point for each additional factor listed. Irrespective of whether the sentencing court misconstrued appellant’s role in the perjury of witnesses, there was no basis to disturb the sentence as appellant was engaged in a continuing series of drug deals and had been convicted of other felonies.

Deadly Weapons Enhancement The court did not err by imposing the deadly weapons enhancement on the charge of terroristic threats following appellant’s act of flailing a kitchen knife at the officer called to the scene of a domestic incident. (1) When there are current multiple convictions for offenses that overlap two sets of guidelines, the former guidelines shall apply to offenses that occur prior to the effective date of the amendment and the later guidelines shall apply to offenses that occur on or after the effective date of the amendment. Effective Dates Although the sentencing code does not address the issue of which guidelines apply where there is a continuing course of criminal activity occurring both before and after amendments to the guidelines are enacted, the court acted within its discretion in sentencing appellant within the guidelines prior to amendment because appellant had engaged in a continuing course of criminal activity which occurred both before and after the enactment of the August 1994 sentencing guidelines. The provisions of this § 303.4 amended July 5, 1985, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. The provisions of this § 303.8 amended through March 28, 1986, effective June 5, 1986, 16 Pa. 1034; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended May 11, 1991, effective August 9, 1991, 21 Pa. 3988; amended October 11, 1990, effective for all crimes committed on or after December 20, 1991, 21 Pa. 5933; amended February 16, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 1, 2017, effective December 1, 2017, applicable to all sentences for offenses committed on or after January 1, 2018, 47 Pa. Double Counting Trial court’s use of prior conviction in calculating defendant’s prior record score did not constitute ‘‘double counting,’’ a violation of the Sentencing Guidelines; defendant’s prior conviction of burglary was not an element of charge of persons not to possess, use, control, sell or transfer firearms, but was memely a precondition to charging defendant with violation. The court shall consider the sentence recommendations pursuant to this section (§ 303.9) for an offender convicted under 30 Pa. The Third Degree Murder of a Victim Younger than Age 13 Enhancement adds 24 months to the lower limit of the standard range and assigns the statutory limit as the upper limit of the standard range. If the court determines that aggravating circumstances described in § 303.10(e) are present, the court shall instead consider the applicable Sexual Abuse of Children Enhancement related to number of images possessed by the offender or the nature and character of the abuse depicted: (1) When applying enhancement based on the number of images possessed by the offender.

Amendments to the guidelines shall apply to all offenses committed on or after the date the amendment becomes part of the guidelines. The Prior Record Score shall be the sum of the points accrued based on previous convictions or adjudications, up to a maximum of five points. (3) When there is no current equivalent Pennsylvania offense, determine the current equivalent Pennsylvania grade of the offense based on the maximum sentence permitted, and then apply § 303.8(d)(2). The following types of offenses, charges and convictions shall not be scored in the Prior Record Score: (1) Summary offenses, violations of local ordinances, direct or indirect contempt of court, violation of protection from abuse orders, and dispositions under Pa. (3) Any prior conviction which contributed to an increase in the grade of a subsequent conviction, except for prior Driving Under the Influence of Alcohol or Controlled Substance convictions. Immediately preceding text appears at serial pages (378467) to (378469). (i) Mandatory sentences for which county intermediate punishment is authorized. § 5502 (Operating Watercraft Under the Influence of Alcohol or a Controlled Substance), 75 Pa. If the court determines that the victim of murder in the third degree as defined in 18 Pa. The enhancement specifies a range of sentences (i.e., standard range) that shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). (l) Sexual Abuse of Children Enhancement sentence recommendations. Guidelines Violated The sentencing court abused its discretion by unreasonably deviating from these sentencing guidelines and imposing an unreasonably lenient sentence. (2) The initial sentencing guidelines went into effect on July 22, 1982 and applied to all crimes committed on or after that date. Although deviation from the sentencing guidelines was permitted, the Sentencing Code required that the court place of record its reasons for such deviations. If the offender possessed more than 200 images to 500 images, 12 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range. Discretion A sentencing court has no discretion to refuse to apply the deadly weapon enhancement. If the specific dates of the offenses cannot be determined, then the later date determines the edition of the guidelines that shall apply to the offenses. The sentence imposed will be served consecutively to any other sentence the person is serving and to any other sentence imposed by the court (42 Pa. If the offender possessed more than 50 images to 200 images, 6 months are added to the lower limit of the standard range and 6 months are added to the upper limit of the standard range. On October 7, 1987 the Pennsylvania Supreme Court invalidated the guidelines due to a procedural error that occurred in 1981 when the legislature rejected the first set of guidelines. (2) When applying enhancement based on the nature and character of the abuse depicted. § 6312 (relating to sexual abuse of children) listed in § 303.15. Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; a correction to the defective text was published at 16 Pa. 2872 (August 2, 1986); amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended May 11, 1991, effective August 9, 1991, 21 Pa. 3988; amended October 11, 1990, effective for all crimes committed on or after December 20, 1991, 21 Pa. 5933; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 27, 2014, effective September 26, 2014, 44 Pa. 4071; amended June 26, 2015, effective September 25, 2015, 45 Pa. 3457; amended June 1, 2017, effective December 1, 2017, applicable to all sentences for offenses committed on or after January 1, 2018, 47 Pa. Appropriate Sentence The sentencing court sentenced appellant within the standard under these guidelines. Amendments to the guidelines went into effect in June 1983, January 1986 and June 1986. Where the court failed to indicate that it was in fact sentencing appellant outside of the guidelines and failed to provide a contemporaneous statement of its reasons for such deviation, the sentence should be vacated and remanded for resentencing. If the offender possessed more than 500 images, 18 months are added to the lower limit of the standard range and 18 months are added to the upper limit of the standard range. Immediately preceding text appears at serial pages (378469) to (378473). Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, except for a first lifetime conviction or adjudication. All other misdemeanor offenses, including a first lifetime conviction for Driving Under the Influence of Alcohol or a Controlled Substance or Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance, are designated by an ‘‘m’’ in the offense listing at § 303.15, and are scored as follows: (i) One point is added if the offender was previously convicted of two or three misdemeanors. Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended December 4, 1987, effective April 25, 1988, 18 Pa. 1916; amended February 15, 1994, effective August 12, 1994, 24 Pa. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa. 3655; amended June 27, 2014, effective September 26, 2014, 44 Pa. Code § 303.4 (relating to Prior Record Score—categories); 204 Pa. (2) When the prior conviction or adjudication of delinquency was committed over a range of dates, the later date shall be used to determine if the prior offense meets the criteria in 303.8(a)(1) and is counted in the prior record score. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for criminal attempt, criminal solicitation or criminal conspiracy is scored under § 303.7 based upon the grade of the inchoate offense. Unless otherwise provided in § 303.7 or § 303.15, a prior conviction or adjudication of delinquency for Ethnic Intimidation is scored under § 303.7 based upon the grade of the Ethnic Intimidation. (1) A prior conviction or adjudication of delinquency under former Pennsylvania law is scored as a conviction for the current equivalent Pennsylvania offense. § 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer), if the court determines that an offender used a deadly weapon pursuant to § 303.10(a)(2), the court shall instead consider the DWE/Used Matrix (§ 303.17(b)). Range of Sentence Where the trial court sustained the defendant’s objection and eliminated specific prior convictions from his prior record score, and prior record score is one of two determinants of the applicable sentencing range, it is clear that those prior convictions had no role in determining defendant’s range of sentence. An offender has possessed a deadly weapon if any of the following were on the offender’s person or within his immediate physical control: (i) Any firearm, (as defined in 42 Pa. An offender has used a deadly weapon if any of the following were employed by the offender in a way that threatened or injured another individual: (i) Any firearm, (as defined in 42 Pa. (1) When the court determines the victim of murder in the third degree as defined in 18 Pa. (2) Third Degree Murder of a Victim Younger than Age 13 Enhancement shall apply to each violation which meets the criteria above. (2) When the court determines that the offender violated 18 Pa. This enhancement shall apply to any image possessed by the offender which portrays or contains any of the following: (i) the bondage of a child; (ii) a dangerous weapon as defined in 18 Pa.