COM. v. BIVENS


438 Pa.Super. 109 (1994)

651 A.2d 1117

COMMONWEALTH of Pennsylvania v. Darren BIVENS, a/k/a Shannon R. Hamilton, Appellant.

Superior Court of Pennsylvania.

Filed December 20, 1994.


Attorney(s) appearing for the Case

Robert M. Maskrey, Stroudsburg, for appellant.

James P. Gregor, Dist. Atty., Stroudsburg, for Commonwealth, appellee.

Before POPOVICH, JOHNSON and CERCONE, JJ.


JOHNSON, Judge:

In this appeal, we are asked to determine whether it was proper for the trial court to consider a prior out-of-state conviction for simple possession of marijuana as an enhancement factor when imposing sentence for possession of a controlled substance, 35 P.S. § 780-113(a)(16). We conclude that the prior out-of-state conviction could not be considered as an enhancement factor under 35 P.S. § 780-113(b) or 35 P.S. § 780-115, and, therefore...

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