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COM. v. LEWIS

362 Pa.Super. 146 (1987)

523 A.2d 817

COMMONWEALTH of Pennsylvania, Appellant, v. Gloria LEWIS.

Supreme Court of Pennsylvania.

Filed April 7, 1987.

Attorney(s) appearing for the Case

Stuart B. Suss, Assistant District Attorney, West Chester, for Com., appellant.

Jeremiah F. Kane, Assistant Public Defender, Yardley, for appellee.

Before BROSKY, BECK and POPOVICH, JJ.

POPOVICH, Judge:

This is an appeal by the Commonwealth from the Order of the Court of Common Pleas of Chester County dismissing a complaint issued against the appellee, Gloria Lewis, as violative of Pa.R.Crim.P. 130(d). We reverse.

The facts are not in dispute and reveal that the appellee was charged with driving while under the influence of alcohol (in violation of 75 Pa.C.S. § 3731(a)(1), (4)) on August

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