Commonwealth v. Lupatsky

TAMILIA, Judge:

This is an appeal from judgment of sentence imposed pursuant to appellant’s plea of guilty to three counts of delivering marijuana. Appellant claims that his sentence, *340three concurrent terms of one and one half to five years imprisonment, was excessive and an abuse of judicial discretion. Specifically, it is alleged that the court erred in considering as an aggravating factor prior summary convictions, which, properly, were not factored into the prior record score, in order to escalate appellant’s sentence into the aggravated minimum range provided by the Sentencing Guidelines,…