COM. v. STEVENS


349 Pa.Super. 310 (1986)

503 A.2d 14

COMMONWEALTH of Pennsylvania v. Everett Scott STEVENS, Appellant.

Supreme Court of Pennsylvania.

Filed January 10, 1986.


Attorney(s) appearing for the Case

Michael J. Malloy, Assistant Public Defender, Media, for appellant.

Sandra G. Elias, Deputy District Attorney, Media, for Commonwealth, appellee.

Before JOHNSON, HOFFMAN and CERCONE, JJ.


HOFFMAN, Judge:

This is an appeal from the judgment of sentence for retail theft and criminal conspiracy. Appellant contends that the lower court abused its discretion in sentencing him outside of the sentencing guidelines, see 204 Pa.Code §§ 303.1-.9, reprinted following 42 Pa.C.S.A. § 9721, solely because of his prior record. Appellant argues that his prior record was already taken into account in his prior record score, which is used...

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