Commonwealth v. Cornish

HOFFMAN, Judge.

This Commonwealth appeal is from the judgment of sentence imposed after appellee pled guilty to robbery, possessing an instrument of crime, unlawful use of a computer, and attempted theft by deception. The Commonwealth contends that the sentencing court erred in failing to apply the deadly weapon enhancement provision of the sentencing guidelines 1 when it determined the guideline ranges applicable to appellee’s robbery conviction. For the reasons set forth below, we vacate the judgment of sentence and remand for resentencing.

On November 18, 1989, appellee went to the victim’s…