§ 303.9. Guideline sentence recommendation: general.

 (a)  Basic sentence recommendations. Guideline sentence recommendations are based on the Offense Gravity Score and Prior Record Score. In most cases, the sentence recommendations are found in the Basic Sentencing Matrix (§  303.16). The Basic Sentencing Matrix specifies a range of sentences (i.e.—standard range) that shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].

 (b)  Deadly Weapon Enhancement sentence recommendations. If the court determines that an offender possessed a deadly weapon pursuant to §  303.10(a)(1), the court shall instead consider the DWE/Possessed Matrix (§  303.17). If the court determines that an offender used a deadly weapon pursuant to §  303.10(a)(2), the court shall instead consider the DWE/Used Matrix (§  303.18). Both enhanced matrices specify a range of sentences (i.e.-standard range) that shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].

 (c)  Youth/School Enhancement sentence recommendations. If the court determines that an offender violated the drug act pursuant to §  303.10(b), 12 months shall be added to the lower limit of the standard range of the applicable sentencing matrix and 36 months shall be added to the upper limit of the standard range of the applicable sentencing matrix. The range of sentences (i.e.- standard range) shall be considered by the court for each combination of Offense Gravity Score [OGS] and Prior Record Score [PRS].

 (d)  Aggravated and mitigated sentence recommendations. To determine the aggravated and mitigated sentence recommendations, apply §  303.13.

 (e)  Numeric sentence recommendations. All numbers in sentence recommendations suggest months of minimum confinement pursuant to 42 Pa.C.S. §  9755(b) (partial confinement) and §  9756(b) (total confinement).

 (f)  Alphabetic sentence recommendations. RS in the sentence recommendation, an abbreviation for Restorative Sanctions, suggests use of the least restrictive, nonconfinement sentencing alternatives described in 42 Pa.C.S. §  9753 (determination of guilt without further penalty), §  9754 (order of probation) and §  9758 (fine). 42 Pa.C.S.§  9721(c) (mandatory restitution) is also included in RS. No specific recommendations are provided for periods of supervision for these non-confinement sentencing alternatives. Recommendations related to fines and community service are found at §  303.14(a). RIP in the sentence recommendation, an abbreviation for Restrictive Intermediate Punishments, suggests use of Restrictive Intermediate Punishments pursuant to §  303.12(a)(4).

 (g)  When the guideline sentence recommendation exceeds that permitted by 18 Pa.C.S. §  1103 and §  1104 (relating to sentence of imprisonment for felony and misdemeanor) and 42 Pa.C.S. §  9755(b) and §  9756(b) (relating to sentence of partial and total confinement) or other applicable statute setting the maximum term of confinement, then the statutory limit is the longest guideline sentence recommendation. For the purposes of the guidelines, the statutory limit is the longest legal minimum sentence, which is one-half the maximum allowed by law.

 (h)  Mandatory sentences. The court has no authority to impose a sentence less than that required by a mandatory minimum provision established in statute. When the guideline range is lower than that required by a mandatory sentencing statute, the mandatory minimum requirement supersedes the sentence recommendation. When the sentence recommendation is higher than that required by a mandatory sentencing statute, the court shall consider the guideline sentence recommendation.

 (i)  Mandatory sentences for which county intermediate punishment is authorized. The court shall consider the sentence recommendations pursuant to this section (§  303.9) for an offender convicted under 30 Pa.C.S. §  5502 (Operating a Watercraft Under the Influence of Alcohol or a Controlled Substance), 75 Pa.C.S. §  1543(b) (Driving While Operating Privilege is Suspended or Revoked, Certain Offenses), 75 Pa.C.S. §  3802 (Driving Under the Influence of Alcohol or Controlled Substance) or 75 Pa.C.S. §  1543(b) (Illegally Operating a Motor Vehicle Not Equipped with Ignition Interlock). The court may use a Qualified Restrictive Intermediate Punishment pursuant to §  303.12(a)(6) to satisfy the mandatory minimum requirement as provided by law.

   The provisions of this §  303.9 amended July 6, 1985, and applies to sentences for crimes committed on or after January 1, 1986, 15 Pa.B. 2447; as announced at 16 Pa.B. 439 (February 15, 1986). Prior guidelines will continue to apply when sentencing crimes committed before January 2, 1986; a correction to the defective text was published at 16 Pa.B. 2872 (August 2, 1986); 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 October 11, 1990, effective for all crimes committed on or after December 20, 1991, 21 Pa.B. 5933; 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 September 6, 2008, 38 Pa.B. 4971. Immediately preceding text appears at serial pages (317750) and (311973) to (311974).

   Appropriate Sentence

   The sentencing court sentenced appellant within the standard under these guidelines. Irrespective of whether the sentencing court misconstrued appellant’s role in the perjury of witnesses, there was no basis to disturb the sentence as appellant was engaged in a continuing series of drug deals and had been convicted of other felonies. Commonwealth v. Viera, 659 A.2d 1024 (Pa. Super. 1995).

   Discretion

   A sentencing court has no discretion to refuse to apply the deadly weapon enhancement. Commonwealth v. Peer, 684 A.2d 1077 (Pa. Super. 1996).

   Guidelines Violated

   The sentencing court abused its discretion by unreasonably deviating from these sentencing guidelines and imposing an unreasonably lenient sentence. Commonwealth v. Childs, 664 A.2d 994 (Pa. Super. 1995).

   Mandatory Sentences

   In spite of a discrepancy between the grading of the offense in the Sentencing Guidelines and in the Motor Vehicle Code, the trial court properly followed the DUI statute in sentencing the defendant for DUI as a first-degree misdemeanor rather than a second-degree misdemeanor, where the Motor Vehicle Code provided that the Sentencing Guidelines should not supersede the mandatory penalties of the DUI statute and the Sentencing Guidelines likewise provide that the court has no authority to impose a sentence less than that required by a mandatory minimum provision established in a statute. Commonwealth v. Fogel, 741 A.2d 767 (Pa. Super. 1999).

   Partial Confinement

   It seems clear that the guideline ranges in effect at the time of defendant’s sentencing contemplated minimum sentences of either total or partial confinement; therefore, the trial court properly applied the guidelines sentencing the defendant to partial confinement for the rape conviction. Commonwealth v. Widmer, 667 A.2d 215 (Pa. Super. 1995).

   Range of Sentence

   Where the trial court sustained the defendant’s objection and eliminated specific prior convictions from his prior record score, and prior record score is one of two determinants of the applicable sentencing range, it is clear that those prior convictions had no role in determining defendant’s range of sentence. Lackawana County District Attorney v. Coss, 531 U. S. 923 (2001).

   School Enhancement

   The court vacated the judgment that sentenced appellant after appellant was convicted on a controlled substance offense and a criminal conspiracy offense because the trial court erroneously applied the school enhancement provisions to the count of criminal conspiracy. Commonwealth v. Adams, 760 A.2d 33 (Pa. Super. 2000).

   In prosecution arising out of a sale of cocaine near a parochial school, the trial court did not err in imposing a sentence applying the school enhancement provisions of the sentencing guidelines based on a measurement from the school playground area rather than from the school building, where a school encompasses not only the school building itself, but includes all of the school property located in a zone where children have access such as a school playground, and where the purpose of the school enhancement provisions is to create a drug-free zone around schools. Commonwealth v. Davis, 734 A.2d 879 (Pa. Super. 1999).

   This section cited in 204 Pa. Code §  303.2 (relating to procedure for determining the guideline sentence); 204 Pa. Code §  303.11 (relating to guideline sentence recommendation: sentencing levels); 204 Pa. Code §  303.12 (relating to guideline sentence recommendations: sentencing programs); and 204 Pa. Code §  303.14 (relating to guideline sentence recommendations—economic sanctions).