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COMMONWEALTH PENNSYLVANIA v. BARBARA J. KOZARIAN (11/15/89)

filed: November 15, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
BARBARA J. KOZARIAN, APPELLANT



Appeal from the Order imposing a Judgment of Sentence entered July 18, 1988 in the Court of Common Pleas of Allegheny County, Criminal Division, at No. CC8513167, 8512419.

COUNSEL

Norma Chase, Pittsburgh, for appellant.

Sandra Preuhs, Asst. Dist. Atty., Pittsburgh, for Com.

Wieand, Del Sole and Melinson, JJ.

Author: Del Sole

[ 388 Pa. Super. Page 629]

Appellant takes this appeal from the judgment of sentence imposed following her guilty plea to charges of receiving stolen property, conspiracy, theft and forgery. Represented by new counsel she alleges that her prior counsel was ineffective for failing to preserve a claim that her sentence, which totaled 15 to 37 years, was incorrectly computed by utilizing a prior record score of 4 independently on each count to which she plead guilty.

The application of the following provision is relevant to a resolution of this issue:

§ 303.6 Consecutive Sentences.

(a) When imposing sentences for convictions arising out of the same transaction, the prior record score is computed for the offense with the highest offense gravity score in such transaction. For the remaining offenses in such transaction, the prior record score shall be 0.

42 Pa.C.S.A. § 9721, 204 Pa.Code § 303.6

To determine whether the convictions at issue were each a separate "transaction", thereby precluding the application of § 303.6, it is necessary to examine the facts established in the record.

NUMBER 8512419A

At CC8512419A Appellant was sentenced to 1-2 years on a conspiracy charge and a consecutive term of 2-5 years on her conviction for Theft by Unlawful Taking. In formulating each of these sentences the court applied a prior record score of 4. A third charge to which Appellant plead guilty, Receiving Stolen Property, was found to have merged for sentencing purposes. The charges found at this number arose from an incident in which Appellant, posing as a prostitute, removed ...


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