COM. v. WAGNER


352 Pa.Super. 295 (1986)

507 A.2d 1237

COMMONWEALTH of Pennsylvania, Appellant, v. Roxanne Marie WAGNER, Appellee.

Supreme Court of Pennsylvania.

Filed April 14, 1986.


Attorney(s) appearing for the Case

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Com.

Melaine S. Rothey, Assistant Public Defender, Pittsburgh, for appellee.

Before CIRILLO, BECK and WATKINS, JJ.


BECK, Judge:

The Commonwealth appeals from a judgment of sentence. It asserts that the court erred in not sentencing appellee as a second offender of the Drunk Driving Act, 1982, December 15 P.L. 1268, No. 289, § 9, 75 Pa.C.S.A. § 3731. We agree and we vacate the judgment and remand for resentencing.

Appellee was arrested on March 30, 1983 for driving under the influence of alcohol and was thereafter placed in the Accelerated Rehabilitative Disposition...

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