State v. Benjamin

I respectfully dissent. In my view, the Legislature did not intend that individuals, such as Benjamin, who commit several *446crimes during a single, continuous crime spree be subjected to recidivist sentencing.3

A recidivist is “a habitual criminal. A criminal repeater. An incorrigible criminal. One who makes a trade of crime.” Black’s Law Dictionary, 1269 (6th Ed.1990). Recidivist legislation attempts to encourage offenders to stay out of trouble and punishes those who refuse to be deterred even after a conviction. Commonwealth v. Eyster, 401 Pa.Super. 477, 585 A.2d 1027, 1031 (1991).…