[DOWNLOAD] "Commonwealth v. Bell" by In the Superior Court of Pennsylvania # Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Bell
- Author : In the Superior Court of Pennsylvania
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
1 Alan R. Bell appeals the judgment of sentence imposed following his guilty plea to three counts of Delivery of Cocaine in violation of the Controlled Substances Act, 35 P.S. 780-113(a)(30). The trial court imposed sentence pursuant to the mandatory minimum prescribed by 18 Pa.C.S. 7508(a)(3)(ii) for second and subsequent offenses, treating each count of the information as a separate offense for the purpose of sentence enhancement. Bell contends that the court erred in imposing the enhanced sentence because his first conviction had not resulted in a prior sentence. He argues accordingly that his conviction of subsequent counts under the same information could not be deemed recidivism subject to greater punishment under the sentencing statute. Although we recognize the logic of Bells argument, we conclude that language of section 7508 requires affirmance of the sentence as imposed. Accordingly, we affirm the judgment of sentence.
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