Commonwealth v. Jones

JOHNSON, Judge:

On this appeal from judgment of sentence, we are asked to determine the propriety of imposing the recidivist enhancement provision of 18 Pa.C.S. § 7508(a)(3)(h), the pre-1990 amendment version, where the commission of the second offense, on which the enhancement is based, occurred prior to a conviction on the first offense. Because we find that for a prior conviction to serve to enhance a sentence, the conviction must precede the commission of the later offense, we shall *101vacate the judgment of sentence and remand the case for resentencing.

We are also presented with three…