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COM. v. MONOSKY

511 Pa. 148 (1986)

511 A.2d 1346

COMMONWEALTH of Pennsylvania, Appellant, v. Phillip Thomas MONOSKY, Appellee.

Supreme Court of Pennsylvania.

Decided July 15, 1986.

Attorney(s) appearing for the Case

Gerald R. Solomon, Dist. Atty., Ewing Newcomer, Asst. Dist. Atty., Uniontown, for appellant.

Alphonse Lepore, Jr., Office of Public Defender, Jack R. Heneks, Jr., Uniontown, for appellee.

Before Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

The Commonwealth appeals by allowance Superior Court's order of February 1, 1985, vacating the judgment of sentence imposed upon appellee Phillip T. Monosky by the Court of Common Pleas of Fayette County. Commonwealth v. Monosky, 341 Pa.Superior 617, 491 A.2d 920 (1985). After a non-jury trial, appellee was convicted of charges of driving under the influence of alcohol or controlled substance,

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