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COM. v. KEIPER

887 A.2d 317 (2005)

COMMONWEALTH of Pennsylvania, Appellee, v. Kristopher KEIPER, Appellant.

Superior Court of Pennsylvania.

Filed November 21, 2005.

Attorney(s) appearing for the Case

William K. Sayer, Public Defender, Stroudsburg, for appellant.

Christopher Jones, Assistant District Attorney, Stroudsburg, for Commonwealth, appellee.

Before: JOYCE, LALLY-GREEN, and JOHNSON, JJ.

OPINION BY JOHNSON, J.:

¶ 1 In this case, we consider whether a defendant's prior conviction is an element of a charge of persons not to possess, use, manufacture, control, sell or transfer firearms. See 18 Pa.C.S. § 6105. Kristopher Keiper contends that it is and that the trial court's use of the prior conviction in calculating his prior record score constitutes "double counting" which violates the Pennsylvania Sentencing Guidelines. We conclude...

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