Commonwealth v. Hackenberger

OPINION

Justice NIGRO.

We granted allowance of appeal in order to determine whether it is permissible to apply the deadly weapon enhancement provision1 of the Sentencing Guidelines2 to a conviction for cruelty to animals.3 For the following reasons, we affirm the order of the Superior Court.

*199On March 23, 2000, at approximately noon, Mike Meiser let Chief, his two year-old yellow Labrador retriever, out of his home in Thompsonville. Although the dog usually stayed close to the Meisers’ home when it was let out, it strayed from the property on this day, as three Pennsylvania Power & Light (“PP&L”)…