Commonwealth v. Eyster

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.Code § 303. 1 et seq., and the guidelines’ enabling statute, 42 Pa.C.S. § 2151 et seq. As we find the appearance of a substantial question presented by appellants as…