Here's the "punchline" in an important case regarding burglary and how it affects RRRI eligibility:
Where a trial court fails to make a statutorily required determination regarding a defendant's eligibility for an Recidivism Risk Reduction Incentive minimum sentence as required, the sentence is illegal. Commonwealth v. Robinson, 2010 PA Super 192 (Pa. Super. Ct. 2010)
If you are facing a state prison sentence in Lehigh County, you better review the RRRI program with your Lehigh criminal defense lawyer and look at your prior criminal history. Remember -- The Recidivism Risk Reduction Incentive (RRRI) statute offers, as an incentive for completion of the program, the opportunity for prisoners to be considered for parole at the expiration of their RRRI minimum sentence. 61 Pa.C.S. § 4506.
In this case of Commonwealth v. Robinson, the Defendant challenged the trial court's refusal to grant her eligibility for the RRRI program. The appellate court first concluded, that contrary to the Commonwealth's claim that the issue not preserved for appellate review, the issue was non-waivable because it challenged the legality of defendant's sentence. The appellate court further concluded that application of the statute to defendant, who was convicted after the law became effective, did not violate the restriction on the retroactive effect of statutes, as the statute did not increase any rights due defendant or imposed any legal burden or additional punishment. As for the merits of defendant's claim, the appellate court concluded that the trial court erred in failing to consider defendant's eligibility for an RRRI sentence. Because the imposition of a negotiated sentence, like defendant's, does not conflict with the statutory scheme of the RRRI sentencing process and does not disqualify a defendant from eligibility under the RRRI statute, the trial court erred in failing to consider defendant's eligibility for an RRRI sentence.