PA Superior Court, Commonwealth v. Rush, No. 71 EDA 2007

Mr. Rush plead guilty and was convicted of 6 counts of PWID over two consolidated plea proceedings. He was sentenced for all at a single sentencing hearing, where the court imposed mandatory minimum sentences under 18 Pa.C.S.A. § 7508(a)(3)(iii) that requires enhanced penalties for persons who already have other drug trafficking convictions. Mr. Rush appealed his sentence. The Superior Court affirmed.

Mr. Rush argued that because of the consolidated proceedings, none of the convictions could serve as a preexisting conviction triggering enhanced mandatory penalties for the other counts. The court disagreed, finding that he plain language of Section 7508 required enhanced sentences if, at the time of sentencing, the defendant had already been convicted of another drug trafficking offense such as PWID.

In affirming the sentence, the court noted that a person who pleads guilty to multiple drug trafficking counts in a consolidated proceeding acquires multiple convictions. Therefore, when that person then proceeds to sentencing, the enhanced penalty language applies precisely because the person already has other convictions.

Opinion: Com. v. Rush No. 71 EDA 2008