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COM. v. FUQUA

267 Pa.Super. 504 (1979)

407 A.2d 24

COMMONWEALTH of Pennsylvania v. Cleo FUQUA, Appellant.

Superior Court of Pennsylvania.

Decided June 27, 1979.

Attorney(s) appearing for the Case

Paulette J. Balogh, Assistant Public Defender, Pittsburgh, for appellant.

Charles W. Johns, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

Before VAN der VOORT, SPAETH and MONTGOMERY, JJ.

SPAETH, Judge:

Appellant was tried by a judge sitting without a jury and was convicted of driving while under the influence of alcohol.1 No post-verdict motions were filed2 and appellant was sentenced to probation for one year and directed to make restitution. On this appeal appellant argues that the order of restitution was improper.

The evidence was to the following effect. In the early morning of...

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