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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 204. JUDICIAL SYSTEM GENERAL PROVISIONS |
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PART VIII. CRIMINAL SENTENCING |
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Chapter 303. SENTENCING GUIDELINES |
| Section 303.1. Sentencing guidelines standards |
| Section 303.2. Procedure for determining the guideline sentence |
| Section 303.3. Offense Gravity Score—general |
| Section 303.4. Prior Record Score—categories |
| Section 303.5. Prior Record Score—prior convictions |
| Section 303.6. Prior Record Score—prior juvenile adjudications |
| Section 303.7. Prior Record Score—guideline points scoring |
| Section 303.8. Prior Record Score—miscellaneous |
| Section 303.9. Guideline sentence recommendation: general |
| Section 303.10. Guideline sentence recommendations: enhancements |
| Section 303.11. Guideline sentence recommendation: sentencing levels |
| Section 303.12. Guideline sentence recommendations: sentencing programs |
| Section 303.13. Guideline sentence recommendations: aggravated and mitigated circumstances |
| Section 303.14. Guideline sentence recommendations—economic sanctions |
| Section 303.15. Offense Listing |
| Section 303.16(a). Basic Sentencing Matrix |
| Section 303.16(b). Basic Sentencing Matrix for Offenders Under Age 18 Convicted of 1st or 2nd Degree Murder |
| Section 303.17(a). Deadly Weapon Enhancement/Possessed Matrix |
| Section 303.17(b). Deadly Weapon Enhancement/Used Matrix |
| Section 303.18(a). Youth Enhancement Matrix |
| Section 303.18(b). School Enhancement Matrix |
| Section 303.18(c). Youth and School Enhancement Matrix |
Notation
The provisions of this Chapter 303 adopted May 14, 1982, effective July 22, 1982, 12 Pa.B. 1536, unless otherwise noted.
Deadly Weapons Enhancement
The court did not err by imposing the deadly weapons enhancement on the charge of terroristic threats following appellant’s act of flailing a kitchen knife at the officer called to the scene of a domestic incident. Commonwealth v. Beckwith, 674 A.2d 276 (Pa. Super. 1996).
Deviation from Guidelines
The sentencing court, which deviated from the guidelines’ suggested range, abused its discretion by focusing on its perceived seriousness of the offense, and by expressing its opinion that the guidelines for the particular offense are ‘‘ridiculous.’’ The court also failed to consider the character and circumstances of the defendant. Because of the abuse of discretion, the sentence was vacated and the matter remanded for resentencing. Commonwealth v. Eby, 784 A.2d 204 (Pa. Super. 2001).