COM. v. POTTS


352 Pa.Super. 299 (1986)

507 A.2d 1239

COMMONWEALTH of Pennsylvania, Appellant, v. John Michael POTTS.

Supreme Court of Pennsylvania.

Filed April 15, 1986.


Attorney(s) appearing for the Case

Joel M. Kaufman, Assistant District Attorney, Pittsburgh, for Com.

M. Alberts, Pittsburgh, for appellee.

Before BROSKY, OLSZEWSKI and POPOVICH, JJ.


BROSKY, Judge.

This is an appeal by the Commonwealth, pursuant to 75 Pa.C.S. § 3731 (e)(4), from the judgment of sentence imposed after appellee pleaded guilty to driving under the influence of alcohol, 75 Pa.C.S. § 3731 (a). The Commonwealth contends that by sentencing appellee to 48 hours imprisonment and imposing a $300.00 fine, the trial court violated the mandatory sentencing requirements of 75 Pa.

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