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COM. v. DOTZMAN

403 Pa.Super. 325 (1991)

588 A.2d 1312

COMMONWEALTH of Pennsylvania, Appellant, v. Edward DOTZMAN, Appellee. (Four Cases)

Superior Court of Pennsylvania.

Filed April 5, 1991.

Attorney(s) appearing for the Case

Harriet R. Brumberg, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Owen Larrabee, Asst. Public Defender, Philadelphia, for appellee.

Before CAVANAUGH, CIRILLO and BROSKY, JJ.

CAVANAUGH, Judge:

The principal issue in this case is whether the deadly weapon enhancement provisions set forth at 204 Pa.Code § 303.4 are unconstitutional as violative of the prohibition against double jeopardy.1 The court below, in imposing sentence on Edward Dotzman, the appellee, did not apply § 303.4 to the guideline sentence range for robbery in the first degree, where the offenses were committed at knifepoint.

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