I committed a crime in Pennsylvania. My sentencing is coming up. I was previously convicted of another crime in another state. How will the old crime effect my new sentence and how will it change my prior record score? I cannot find the identical crime anywhere in the PA statutes.
When you get sentenced in Pennsylvania and you have a prior from another state, the Pennsylvania judge is supposed to "score" the old out of state offense so that your prior record score appropriately reflects the actions you did in the other states as if they occurred in PA. A problem exists, and I have encounter, when someone pleads guilty to a lesser charge in another state, but the acts contained in the discovery of the other case are much worse. In that instance I argue that the scoring should be based on the statute in the other state, not the actual facts of the case. In other words, the scoring example should the most reasonable as if the out of state case happened in Pennsylvania so the prior record score is appropriate considering all of the relevant conduct.
Labels: prior record score