Commonwealth v. Septak

MONTGOMERY, Judge:

Appellee Michael Septak pleaded guilty to charges of unlawful restraint1, terroristic threats2, and criminal conspiracy 3. The sentencing court, over the Commonwealth’s objection, refused to apply the deadly weapon enhancement *378provision of the Sentencing Guidelines4, and sentenced ap-pellee to four (4) years probation and payment of a $500.00 fine and court costs. The court acknowledged that the sentence was below the applicable minimum guideline sentence. On appeal, the Commonwealth requests that we vacate the sentence and remand with instructions to apply the deadly weapon…