concurring and dissenting:
I do not dispute the majority’s interpretation of the language set forth in the recently amended 18 Pa.C.S.A. § 7508(a)(3)(i). Clearly, the 1990 version of this statute compels a mandatory minimum sentence of three years “if at the time of sentencing the defendant has been convicted of another drug trafficking offense.” 18 Pa.C.S.A. § 7508(a)(3)(i). I note my opposition, however, to the effect this amendment has on the result of this case and future enhanced penalty cases, as I believe such language has eroded the spirit of the recidivist philosophy.
I submit, instead, that we adhere to the following reasoning in determining whether or not to apply the enhancement provision found in section 7508(a):
It was not intended that the heavier penalty prescribed for the commission of a second offense should descend upon anyone except the incorrigible one, who after being reproved, “still hardeneth his neck.” If the heavier penalty *173prescribed for the second violation ... is visited upon the one who has not had the benefit of the reproof of a first conviction, then the purpose of the statute is lost.
Commonwealth v. Kane, 430 Pa.Super. 203, 204, 633 A.2d 1210, 1211 (1993) (en banc) (quoting Commonwealth v. Sutton, 125 Pa.Super. 407, 413, 189 A. 556, 558 (1937)); see also Commonwealth v. Tobin, 411 Pa.Super. 460, 463-464, 601 A.2d 1258, 1260 (1992), aff'd, 533 Pa. 322, 623 A.2d 814 (1993); Commonwealth v. Dickerson, 404 Pa.Super. 249, 590 A.2d 766 (1991), aff'd, 533 Pa. 294, 621 A.2d 990 (1993). This longstanding notion underlying habitual criminal legislation suggests that a prior conviction shall precede the date of the offense for which the increased punishment is sought to be imposed. In other words,
[l]egislation authorizing the imposition of increased punishment on recidivists is directed at those who persist in criminality after once having been convicted of an offense. It is thus generally essential that the alleged conviction shall have preceded the date of the offense for which the increased punishment is sought to be imposed.
Dickerson, 404 Pa.Super. at 259, 590 A.2d at 771 (quoting 39 Am.Jur.2d Habitual Criminals § 6).
While I recognize that the reasoning behind the recidivist philosophy has been borrowed from cases interpreting statutes different than the one at issue here, it is essential, in my opinion, that we remain consistent in our interpretation of penalty enhancement provisions. See Kane, supra (applying the pre-amendment section 7508, a defendant must be convicted of the prior offense before the commission of the subsequent offense for an enhanced sentence to attach); Commonwealth v. Beatty, 411 Pa.Super. 450, 601 A.2d 1253 (1992) (en banc), aff'd, 533 Pa. 322, 623 A.2d 814 (1993) (when determining penalty enhancement under 75 Pa.C.S. § 3731(e)(1), the sentencing court must utilize the date of the offense for which defendant is to be sentenced and determine the number of prior convictions as of that date); Tobin, supra (same); Commonwealth v. Eck, 411 Pa.Super. 465, 601 A.2d 1261 (1992) (en banc), alloc. denied, 533 Pa. 607, 618 A.2d 398 (1992) (same); *174Dickerson, supra (for prior conviction to serve as an enhancer under 42 Pa.C.S.A. § 9714, the conviction must precede the commission of a later offense); Commonwealth v. Eyster, 401 Pa.Super. 477, 585 A.2d 1027 (1991) (en banc), appeal denied, 529 Pa. 646, 602 A.2d 857 (1992) (pursuant to 42 Pa.C.S.A. § 2154, in order for a prior conviction to apply to the prior record score for sentencing purposes, one must have been previously convicted for a crime committed before the current offense, whether or not a sentence has been imposed on the prior offense).
The clear spirit of the recidivist philosophy, as evidenced by the foregoing authority, dictates that the new section 7508(a) be applied in the same fashion. The uniform application of recidivist provisions would undoubtedly serve to ensure continuity, efficiency, and stability in our judicial decision-making. Surely this.is a goal which would benefit both the judiciary and society as a whole.
Thus, in adhering to the underlying purpose of the recidivist philosophy as interpreted by the appellate courts of Pennsylvania, I would affirm Williams’ judgment of sentence, which does not include an enhanced penalty.