COM. v. JONES


432 Pa.Super. 97 (1994)

637 A.2d 1001

COMMONWEALTH of Pennsylvania v. Albert D. JONES, Appellant.

Superior Court of Pennsylvania.

Filed February 23, 1994.


Attorney(s) appearing for the Case

Joseph P. Burt, Erie, for appellant.

Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before ROWLEY, President Judge, McEWEN, CIRILLO, OLSZEWSKI, DEL SOLE, BECK, TAMILIA, KELLY and JOHNSON, JJ.


JOHNSON, Judge:

On this appeal from judgment of sentence, we are asked to determine the propriety of imposing the recidivist enhancement provision of 18 Pa.C.S. § 7508(a)(3)(ii), the pre-1990 amendment version, where the commission of the second offense, on which the enhancement is based, occurred prior to a conviction on the first offense. Because we find that for a prior conviction to serve to enhance a sentence, the conviction must precede the commission of...

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