Commonwealth v. Hoke J-167-2008

Topic: Mandatory Sentence – Conspiracy to Manufacture a Controlled Substance

Summary: The mandatory minimum sentencing provision of 35 P.S. § 780-113(k) does not apply to conspiracy to manufacture of a controlled substance. The Pennsylvania Supreme Court concluded that the provisions of 35 P.S. § 780-113(k) do not mention or otherwise refer to applying a mandatory minimum sentence to conspiracy. The Court also affirmed the rule that “a sentence enhancement provision applies only to the crimes specified therein, not to related inchoate crimes that are not specified as being subject to the enhancement provision.”

http://www.pacourts.us/OpPosting/Supreme/out/J-167-2008mo.pdf