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COM. v. SMITH

528 Pa. 380 (1991)

598 A.2d 268

COMMONWEALTH of Pennsylvania, Appellee, v. Charles H. SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided October 2, 1991.

Attorney(s) appearing for the Case

Lester G. Nauhaus, Public Defender, Shelley Stark, Chief-Appellate Div., Chris Rand Eyster, Asst. Public Defender, and Robert A. Crisanti, Pittsburgh, for appellant.

Robert E. Colville, Dist. Atty., Claire C. Capristo, Deputy Dist. Atty., Kemal A. Mericli and Scott A. Bradley, Asst. Dist. Attys., for appellee.

NIX, C.J., and FLAHERTY, LARSEN, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice.

The primary issue before the Court is whether a court-martial for robbery constitutes a prior conviction for purposes of imposing a mandatory sentence as a recidivist pursuant to 42 Pa.C.S. § 9714. We conclude that the prior court-martial convictions of appellant for the offense of robbery constitute prior convictions within the meaning of Section 9714(b)(1). Accordingly...

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