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575 Pa. 141

834 A.2d 1127

Commonwealth v. Bradley

Supreme Court of Pennsylvania

Decided October 28, 2003

Supreme Court of Pennsylvania · decided 2003-10-28

Key passage — most relied on by later courts

“(a) General rule. — Notwithstanding any other provisions of this or any other act to the contrary, the following provisions shall apply: (3) A person who is convicted of violating section 13(a)(14), (30) or (37) of The Controlled Substance, Drug, Device and Cosmetic Act where the controlled substance is coca leaves or is any salt, compound, derivative or preparation of coca leaves or is any salt, compound, derivative or preparation which is chemically equivalent or identical with any of these substances or is any mixture containing any of these substances except decocainized coca leaves or extracts of coca leaves which (extracts) do not contain cocaine or ecgonine shall, upon conviction, be sentenced to a mandatory minimum term of imprisonment and a fine as set forth in this subsection: (ii) when the aggregate weight of the compound or mixture containing the substance involved is at least ten grams and less than 100 grams; three years in prison and a fine of $15,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity (iii) when the aggregate weight of the compound or mixture of the substance involved is at least 100 grams; four years in prison and a fine of $25,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity; however, if at the time of sentencing the defendant has been convicted of another drug trafficking offense: seven years in prison and $”

quoted by 1 later decision, including Commonwealth v. Hansley

Relies on Commonwealth v. Vasquez

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-28

How this case has been cited

Cited by 81 later decisions — most recently August 2021 · most notably Commonwealth v. Shiffler (2005), Commonwealth v. McClintic (2006)

80 state decisions

460200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Justice NIGRO

¶1concurring.

¶2While I agree with the majority’s ultimate conclusion that Appellant Taboo Bradley was properly sentenced under the “three strikes” provision of the Sentencing Code, 42 Pa.C.S. § 9714(a)(2), I write separately to address what the majority calls Appellant’s “recidivist philosophy-based argument.” Op. at 1135.

¶3Here, as the majority notes, Appellant was convicted of two armed robberies in 1991, and did not commit the aggravated assault at issue here until eight years later, in 1999. Given these circumstances, where Appellant had eight years to rehabilitate himself but opted not to, I agree with the majority that Appellant was properly given an enhanced sentence.

¶4Such was not the case, at least in my view, in Commonwealth v. Vasquez, 562 Pa. 120, 753 A.2d 807, 808 (2000). There, an undercover police officer bought cocaine from the appellee on four separate occasions, but only arrested him after the last transaction. The appellee pled guilty to two counts of delivering cocaine and the trial court sentenced the appellee on the first count, and then applied 18 Pa. C.S. § 7508(a)(3)(i), which enhances a defendant’s sentence if he *157has been convicted of another drug trafficking offense at the time of his sentencing, to the second count. Notwithstanding the fact that the appellee’s first and second count arose from a single arrest, a majority of this Court held on appeal that the appellee had properly been sentenced pursuant to the sentencing enhancement provision at § 7508(a)(3)(i). I dissented, primarily because I believed that a sentencing enhancement provision should not apply to defendants, such as the appellee in Vasquez, who have not been given a chance to rehabilitate themselves. Id. at 812.

¶5Unlike the appellee in Vasquez, however, Appellant did in fact have an adequate opportunity to rehabilitate himself given that a period of eight years lapsed between his first two convictions and his third conviction. As such, I agree with the majority that Appellant was properly sentenced under the three-strikes law, and I am therefore able to join in the result reached by the majority.

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