(Download) "Commonwealth v. Dickson" by Texas Court of Appeals Eighth District of Texas El Paso # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Dickson
- Author : Texas Court of Appeals Eighth District of Texas El Paso
- Release Date : January 29, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
We are asked to consider whether the sentencing enhancement codified at 42 Pa.C.S. § 9712, which imposes a mandatory sentence enhancement on a person who visibly possesses a firearm or firearm replica during the commission of a crime of violence, applies to an unarmed co-conspirator to the underlying crime where his accomplice brandishes a firearm during the commission of the offense. Before reaching the merits, however, we must determine whether Appellant waived his challenge to § 9712 by failing to raise it first in the trial court. We find that Appellant preserved the issue raised herein in the lower courts, and that it therefore is ripe for our review. We also hold that the Superior Court has erred in applying the § 9712 sentencing enhancement to unarmed co-conspirators. Thus, we reverse.
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