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Commonwealth v. Keiper11/21/2005
.2d at 1219. Clearly, in these types of circumstances, a defendant's prior conviction would be double counting and would place a defendant in an unfair situation. Here, unlike the offenses listed by the Sentencing Commission, the prior burglary conviction does not change the grading of the present offense. Based on a plain reading of section 6105, only one grading of the offense exists, a felony in the second degree. No increase of gradation of the offense for any prior convictions is apparent. As stated above, the prior burglary conviction is merely a precondition to a violation of section 6105. Therefore, the trial court only counted the prior burglary conviction once. Hence, Keiper's second argument is without merit.
12 For the foregoing reasons, we conclude that the trial court did not abuse its discretion in using a prior record score of three in calculating Keiper's sentence and we, therefore, affirm the judgment of sentence.
13 Judgment of sentence AFFIRMED.
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