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COM. v. EYSTER

401 Pa.Super. 477 (1991)

585 A.2d 1027

COMMONWEALTH of Pennsylvania v. Michael E. EYSTER, Appellant (Three Cases). COMMONWEALTH of Pennsylvania v. Murril LARSEN, Appellant.

Superior Court of Pennsylvania.

Filed January 18, 1991.

Attorney(s) appearing for the Case

Craig P. Miller, Lock Haven, for Michael E. Eyster.

Peter Rosalsky, Public Defender, Philadelphia, for Murril Larsen.

Merritt E. McKnight, Dist. Atty., Lock Haven, Hugh J. Burns, Philadelphia, Asst. Dist. Atty., for Com.

Stuart B. Suss, Asst. Dist. Atty., Lock Haven, amicus curiae in Nos. 415, 416 and 417.

Before CIRILLO, President Judge, and CAVANAUGH, ROWLEY, WIEAND, McEWEN, OLSZEWSKI, DEL SOLE, BECK and TAMILIA, JJ.

TAMILIA, Judge:

These appeals are taken from judgments of sentence and are together before the Court en banc for determination of their common issue: the proper interpretation and application of the term "previously convicted," as defined in 42 Pa.C.S. § 2154(a)(2), in determining a defendant's prior record score for sentencing purposes.1 These cases present an issue of first impression under the new sentencing guidelines, 204 Pa...

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