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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. (a) For each conviction offense of a judicial proceeding, the procedure for determining the guideline sentence shall be as follows: (1) Determine the Offense Gravity Score as described in § 303.3 and § 303.15. Immediately preceding text appears at serial pages (378460) to (378461). (a) If there is a single offense in the prior judicial proceeding, that offense shall be counted in the calculation of the Prior Record Score. (iii) Three points are added if the offender was previously convicted of seven or more misdemeanors. Code § 303.8 (relating to Prior Record Score—miscellaneous); and 204 Pa. (a) Prior convictions and adjudications of delinquency. When a prior conviction or adjudication of delinquency was for a felony, but the grade of the felony is unknown, it shall be treated as a Felony 3. Code § 303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Guideline sentence recommendations are based on the Offense Gravity Score and Prior Record Score. § 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 possessed a deadly weapon pursuant to § 303.10(a)(1), the court shall instead consider the DWE/Possessed Matrix (§ 303.17(a)). (c) Youth/School Enhancement sentence recommendations. If the court determines that an offender violated the drug act pursuant to § 303.10(b), the court shall consider the applicable matrix in 303.18, related to Youth, School, or Youth and School Enhancements. Code § 303.13 (relating to guideline sentence recommendations: aggravated and mitigated circumstances). Code § 303.2 (relating to procedure for determining the guideline sentence). Illustrative Cases Sentencing guidelines and enhanced range of sentence were appropriately applied. (ii) Two points are added if the offender was previously convicted of four to six misdemeanors. Code § 303.6 (relating to Prior Record Score—prior juvenile adjudications); 204 Pa. A prior adjudication of delinquency means ‘‘previously adjudicated delinquent’’ as defined in 42 Pa. (2) When there is no current equivalent Pennsylvania offense, prior convictions or adjudications of delinquency are scored under § 303.7 based on the grade of the offense. Both enhanced matrices specify 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). (3) The sentence imposed will be served consecutive to any other sentence the person is serving and to any other sentence imposed by the court (42 Pa. Prior Record Score—prior juvenile adjudications. The provisions of this § 303.1 amended July 5, 1985, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. Code § 303.11 (relating to guideline sentence recommendation: sentencing levels); 204 Pa.

(2) Determine the Prior Record Score as described in § 303.4—§ 303.8. Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; amended May 11, 1991, effective August 9, 1991, 21 Pa. 3988; 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. (a) An Offense Gravity Score is given for each offense. § 2710) receive an Offense Gravity Score that is one point higher than the offense which was the object of the Ethnic Intimidation. § 780-113(a)(12), (a)(14), and (a)(30) involving narcotic prescription pills of Schedule II, when both the weight and the number of pills are known, the higher Offense Gravity Score assignment applies. (b) If there are multiple offenses in the prior judicial proceeding: (1) The most serious offense of the judicial proceeding shall be counted in the calculation of the Prior Record Score. The provisions of this § 303.7 amended July 5, 1986, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. (1) A prior conviction means ‘‘previously convicted’’ as defined in 42 Pa. When a prior conviction was for a misdemeanor, but the grade of the misdemeanor is unknown, it shall be treated as other misdemeanors. Code § 303.12 (relating to guideline sentence recommendations: sentencing programs); and 204 Pa. In most cases, the sentence recommendations are found in the Basic Sentencing Matrix (§ 303.16(a)). When applying the Youth Enhancement, 6 months are added to the lower limit of the standard range and 12 months are added to the upper limit of the standard range. § 9721(c) (mandatory restitution) is also included in RS. Partial Confinement It seems clear that the guideline ranges in effect at the time of defendant’s sentencing contemplated minimum sentences of either total or partial confinement; therefore, the trial court properly applied the guidelines sentencing the defendant to partial confinement for the rape conviction. (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. Where crimes merge for sentencing purposes, the court shall consider the sentencing guidelines only on the offense assigned the higher Offense Gravity Score. Effective Dates— Ineffective Counsel Assistance Because the sentencing ranges on the Sentencing Guideline Worksheets were calculated according to the amended guidelines which were effective for all offenses committed after August 12, 1994, and appellant’s crimes were committed prior to that date, trial counsel was ineffective in failing to object to the imposition of sentence based upon erroneous computations under this regulation. The provisions of this § 303.2 amended July 5, 1985, and applies to sentences for crimes committed after January 1, 1986, 15 Pa. (3) Convictions for attempt, solicitation, or conspiracy to commit any offense under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. § 780-101—§ 780-144) receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy. Convictions for attempt, solicitation, or conspiracy to commit murder receive the Offense Gravity Score of 14 if there is serious bodily injury and 13 if there is no serious bodily injury. Where the definition of an offense listed in § 303.15 is changed, but the grade or statutory maximum sentence is not changed, the previously assigned offense gravity score shall apply. Immediately preceding text appears at serial pages (367919) to (367920). Code § 303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. There are eight Prior Record Score categories: Repeat Violent Offender (REVOC), Repeat Felony 1 and Felony 2 Offender (RFEL), and point-based categories of 0, 1, 2, 3, 4 and 5. Offenders who have two or more previous convictions or adjudications for four point offenses (§ 303.7(a)(1) and § 303.15) and whose current conviction carries an Offense Gravity Score of 9 or higher shall be classified in the Repeat Violent Offender Category. Immediately preceding text appears at serial page (380167). (e) A prior conviction or adjudication of delinquency for an offense which was misgraded is scored as a conviction for the current equivalent Pennsylvania offense. (1) An out-of-state, federal or foreign conviction or adjudication of delinquency is scored as a conviction for the current equivalent Pennsylvania offense. If an offender is under age 18 years at the time of the offense and the conviction occurred after June 24, 2012, the court has no authority to impose a sentence less than that required by the mandatory minimum provision established in statute and may impose a minimum sentence up to and including life (18 Pa. The range of sentences (i.e.—standard range) shall be considered by the court for each combination of Offense Gravity Score (OGS) and Prior Record Score (PRS). § 9755(b) (partial confinement) and § 9756(b) (total confinement). RS in the sentence recommendation, an abbreviation for Restorative Sanctions, suggests use of the least restrictive, non-confinement sentencing alternatives described in 42 Pa. RIP in the sentence recommendation, an abbreviation for Restrictive Intermediate Punishments, suggests use of Restrictive Intermediate Punishments pursuant to § 303.12(a)(4). § 1103 and § 1104 (relating to sentence of imprisonment for felony and misdemeanor) and 42 Pa. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum allowed by law. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. § 3808(a)(2) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock). 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). Mandatory Sentences In spite of a discrepancy between the grading of the offense in the Sentencing Guidelines and in the Motor Vehicle Code, the trial court properly followed the DUI statute in sentencing the defendant for DUI as a first-degree misdemeanor rather than a second-degree misdemeanor, where the Motor Vehicle Code provided that the Sentencing Guidelines should not supersede the mandatory penalties of the DUI statute and the Sentencing Guidelines likewise provide that the court has no authority to impose a sentence less than that required by a mandatory minimum provision established in a statute. (a) The court shall consider the sentencing guidelines in determining the appropriate sentence for offenders convicted of, or pleading guilty or nolo contendere to, felonies and misdemeanors. A judicial proceeding may include multiple offenses and transactions. The court determines which Offense Gravity Score, located in § 303.15, applies. (2) Convictions for attempt, solicitation, or conspiracy to commit any offense which is not a Felony 1 offense, receive the Offense Gravity Score of the offense attempted, solicited, or which was the object of the conspiracy. (e) Violations of The Controlled Substance, Drug, Device and Cosmetic Act (35 P. If a mixture or compound contains a detectable amount of more than one controlled substance, the mixture or compound shall be deemed to be composed entirely of the controlled substance which has the highest Offense Gravity Score. The Omnibus Offense Gravity Score is applied in the following circumstances: (1) when the offense is not otherwise listed in § 303.15, or (2) when the grade or statutory maximum sentence of an offense listed in § 303.15 has changed, unless application of this section would result in a lower Offense Gravity Score for an increased grading or statutory maximum sentence of the offense. Determination of the correct Prior Record Score category under this section is based on the type and number of prior convictions (§ 303.5) and prior juvenile adjudications (§ 303.6). Repeat Felony Offender Designation Determination of Repeat Felony 1 and Felony 2 Offender Category designation is based on a calculation of points in a defendant’s prior record score rather than the number of convictions or adjudications in his criminal history. The provisions of this § 303.5 amended 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 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. Factors The same factors that triggered the enhancement guidelines in the first place can also be used to sentence in the aggravated range. When a prior conviction is for a crime which has a summary grade, and the grade of the conviction is unknown, the prior conviction shall not be counted in the Prior Record Score. (2) Sentences for offenders under age 18 for murder, murder of unborn child, or murder of law enforcement officer. (b) Deadly Weapon Enhancement sentence recommendations. When the Youth and School Enhancement is applied, 18 months are added to the bottom of the standard range and 36 months are added to the upper limit of the standard range. § 9753 (determination of guilt without further penalty), § 9754 (order of probation) and § 9758 (fine). Recommendations related to fines and community service are found at § 303.14(a). § 9755(b) and § 9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting the maximum term of confinement, then the statutory limit is the longest guideline sentence recommendation. § 780-113(a)(30) is committed in association with a criminal gang, the court shall instead consider the Criminal Gang Enhancement.

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Guideline sentence recommendations: aggravated and mitigated circumstances. Guideline sentence recommendations—economic sanctions. (2) Effective for sentences imposed on or after January 1, 2016, the JNET-based Sentencing Guidelines Software Web application (SGS Web) shall be used at the court’s direction to report all subsequent revocations of probation, county intermediate punishment and state intermediate punishment and related resentences to the Commission. 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 May 11, 1991, effective August 9, 1991, 21 Pa. 3988; 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.

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