Commonwealth v. McMullen

HESTER, Judge:

Appellant was convicted in a nonjury trial of violating 35 Pa.S. § 780-113(a)(30), possession with intent to deliver a controlled substance. We agree with her contention that trial counsel was ineffective for failing to object to the trial court’s erroneous computation of her prior record score under the sentencing guidelines prior to imposing sentence. 1 Accordingly, we vacate the judgment of sentence and remand for resentencing.

Appellant claims that the guideline sentence form prepared by the Commonwealth prior to the sentencing hearing was incorrect in its calculation of…