Commonwealth v. Black

DEL SOLE, Judge:

This appeal challenges the sentence imposed following Appellant’s guilty plea to charges of robbery, false imprisonment and criminal mischief. We are specifically asked to consider whether the trial court erred in sentencing Appellant under the aggravated range of the guidelines, and in imposing a deadly weapon enhancement. In addition, Appellant attacks the constitutionality of the deadly weapon enhancement provisions of the Sentencing Guidelines.

After examining the record, we find that the court erred in applying the deadly weapons enhancement in light of this court’s recent…