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Commonwealth v. Kane

Citations

  • 633 A.2d 1210
  • 430 Pa. Super. 203
  • 1993 Pa. Super. LEXIS 3882

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying the pre-amendment section 7508, a defendant must be convicted of the prior offense before the commission of the subsequent offense for an enhanced sentence to attach
  • applying the pre-amendment section 7508, a defendant must be convicted of the prior offense before the commission of the subsequent offense for an enhanced sentence to attach
  • enhancement provision of Crimes Code not applied to a defendant who was sentenced and convicted of second drug offense prior to his sentencing or conviction of first drug offense
  • enhancement provision of Crimes Code not applied to a defendant who was sentenced and convicted of second drug offense prior to his sentencing or conviction of first drug offense
  • If the heavier penalty prescribed for the second or subsequent violations is imposed upon one who has not been previously convicted, then the purpose of the stature, i.e. to impose increased punishment upon those who persist in criminality after having once been convicted, is lost.

Source: CourtListener parenthetical corpus (CC0).

Judges: Rowley, McEwen, Cirillo, Olszewski, Sole, Beck, Tamilia, Kelly, Johnson

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.