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COM. v. HESS

348 Pa.Super. 600 (1985)

502 A.2d 707

COMMONWEALTH of Pennsylvania, Appellant, v. Lloyd E. HESS.

Supreme Court of Pennsylvania.

Filed December 31, 1985.

Attorney(s) appearing for the Case

Stuart Suss, Assistant District Attorney, Reading, for Com., appellant.

Byran Yatron, Reading, for appellee.

Before SPAETH, President Judge, and BROSKY, ROWLEY, WIEAND, McEWEN, CIRILLO, OLSZEWSKI, MONTEMURO and TAMILIA, JJ.

OPINION OF THE COURT

ROWLEY, Judge:

This is a direct appeal by the Commonwealth from a judgment of sentence of two days to twelve months imprisonment for driving while under the influence of alcohol. Appellee pled guilty to driving while under the influence of alcohol and driving on the right side of the roadway in violation of 75 Pa.C.S. §§ 3731 and 3301(a) respectively. At the time of sentencing on October 26, 1984, the trial court refused to...

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