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COM. v. PRYOR

347 Pa.Super. 239 (1985)

500 A.2d 811

COMMONWEALTH of Pennsylvania, Appellant, v. James P. PRYOR.

Supreme Court of Pennsylvania.

Filed September 27, 1985.

Reargument Denied December 5, 1985.

Attorney(s) appearing for the Case

Joel M. Kaufman, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

Mitchell A. Kaufman, Assistant Public Defender, Pittsburgh, for appellee.

Before SPAETH, President Judge, and ROWLEY and WIEAND, JJ.

SPAETH, President Judge:

This is an appeal by the Commonwealth, pursuant to 75 Pa.C.S. § 3731(e)(4), from a judgment of sentence for driving under the influence of alcohol, 75 Pa.C.S. § 3731(a). The Commonwealth argues that by ordering appellee released on parole after 48 hours in jail, the trial court violated the provision of 75 Pa.C.S. § 3731(e)(1)(ii) that a person previously convicted of driving under the influence of alcohol — as appellee...

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