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COM. v. FILIUS

346 Pa.Super. 434 (1985)

499 A.2d 1078

COMMONWEALTH of Pennsylvania, Appellant, v. Mitchell N. FILIUS, Appellee.

Supreme Court of Pennsylvania.

Filed October 18, 1985.

Attorney(s) appearing for the Case

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

John H. Corbett, Jr., Public Defender, Pittsburgh, for appellee.

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

WIEAND, Judge:

When a defendant has been convicted of driving while under the influence of alcohol, does the sentencing court have discretion to place him on probation in lieu of sentencing him to prison for a minimum of 48 hours as mandated by statute? The sentencing court in this case expressed disagreement with legislatively mandated sentences of imprisonment and sentenced Mitchell N. Filius, who had entered...

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