§ 303.5. Prior Record Score—prior convictions.

 (a)  If there is a single offense in the prior judicial proceeding, that offense shall be counted in the calculation of the Prior Record Score.

 (b)  If there are multiple offenses in the prior judicial proceeding:

   (1)  The most serious offense of the judicial proceeding shall be counted in the calculation of the Prior Record Score.

   (2)  Any offense for which a sentence of supervision or confinement is imposed consecutive to a sentence for another offense in the judicial proceeding shall be counted in the calculation of the Prior Record Score.

 (c)  Un-sentenced convictions. If no sentence has yet to be imposed on an offense, the offense shall not be counted in the calculation of the Prior Record Score.

 (d)  Adequacy of the Prior Record Score. The court may consider at sentencing prior convictions, juvenile adjudications or dispositions not counted in the calculation of the Prior Record Score, in addition to other factors deemed appropriate by the court.

Source

   The provisions of this §  303.5 amended March 28, 1986, effective June 5, 1986, 16 Pa.B. 1034; amended December 4, 1987, effective April 25, 1988, 18 Pa.B. 1916; amended May 11, 1991, effective August 9, 1991, 21 Pa.B. 3988; amended February 15, 1994, effective August 12, 1994, 24 Pa.B. 2483; amended March 14, 1997, effective June 13, 1997, 27 Pa.B. 1252; amended February 9, 2005, effective June 3, 2005, 35 Pa.B. 1508; amended September 5, 2008, effective December 5, 2008, 38 Pa.B. 4971; amended September 13, 2012, effective December 28, 2012, 42 Pa.B. 6072; amended June 6, 2013, effective September 27, 2013, 43 Pa.B. 3655. Immediately preceding text appears at serial page (364221).

Notes of Decisions

   Factors

   The same factors that triggered the enhancement guidelines in the first place can also be used to sentence in the aggravated range. Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. 1995); appeal denied 680 A.2d 1161 (Pa. 1996).

   Illustrative Cases

   Sentencing guidelines and enhanced range of sentence were appropriately applied. Commonwealth v. Walker, 666 A.2d 301 (Pa. Super. 1995).

   The guidelines in §  303.5 impose no restrictions on including convictions from separate judicial proceedings in separate counties toward a prior record score. Commonwealth v. Janda, 14 A.3d 147, 165 (Pa. Super. 2011).

Cross References

   This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); and 204 Pa. Code §  303.4 (relating to Prior Record Score—categories).



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