COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY

COMMONWEALTH OF PENNSYLVANIA v. FREDERICK HANSLEY No. 845 MDA 2009 2010 PA Super 81 Atlantic: n/a Filed: 5/5/2010
	Appeal from the Judgments of Sentence Entered April 29, 2009 In the Court of Common Pleas of Lebanon County Criminal Division at Nos.: CP-38-CR-0001808-2008 CP-38-CR-0001809-2008
Before: BENDER, PANELLA and LAZARUS, JJ.
Opinion by: BENDER, J.
In this appeal we consider whether a trial court is authorized by law to impose a conditional minimum sentence (RRRI minimum) pursuant to the Recidivism Risk Reduction Incentive Act, 61 Pa.C.S. § 4501 – 4512 (RRRIA), upon a defendant convicted of Possession With Intent to Deliver, 35 P.S. § 780-113(A)(30) (PWID), and sentenced to mandatory minimum terms of incarceration pursuant to 18 Pa.C.S. §§ 6317 and 7508. We conclude that the court is so empowered by the RRRIA and must specify an RRRI minimum sentence upon determination that the defendant is statutorily eligible pursuant to 61 Pa.C.S. § 4503. In addition, we hold that a defendant who meets all other criteria for eligibility under the RRRIA is not rendered ineligible by the imposition of a mandatory minimum sentence under 18 Pa.C.S. § 7508 unless that sentence was imposed under subsections (a)(1)(iii), (2)(iii), (3)(iii), (4)(iii), (7)(iii), or 8(iii). See 61 Pa.C.S. § 4503(1)-(6) (disqualifying certain offenders from eligibility). Because the judgment of sentence imposed by the trial court is consistent with this holding, we affirm.

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