Commonwealth v. Smith

OPINION OF THE COURT

CAPPY, Justice.

The primary issue before the Court is whether a court-martial for robbery constitutes a prior conviction for pur poses of imposing a mandatory sentence as a recidivist pursuant to 42 Pa.C.S. § 9714. We conclude that the prior court-martial convictions of appellant for the offense of robbery constitute prior convictions within the meaning of Section 9714(b)(1). Accordingly, we affirm the decision of the Superior Court, 386 Pa.Super. 626, 563 A.2d 905.

Following a non-jury trial, appellant was convicted of robbery and criminal conspiracy. These convictions stem…