Commonwealth v. Dotzman

CAVANAUGH, Judge:

The principal issue in this case is whether the deadly weapon enhancement provisions set forth at 204 Pa.Code § 303.4 are unconstitutional as violative of the prohibition against double jeopardy. 1 The court below, in imposing sentence on Edward Dotzman, the appellee, did not apply § 303.4 to the guideline sentence range for robbery in the first degree, where the offenses were committed at knife-point. 2 The Commonwealth’s petition to modify the sentence was denied and it has appealed to this court.

Before reaching the main issue we must consider appellee’s contention that we…