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COM. v. WATERS

361 Pa.Super. 154 (1987)

522 A.2d 60

COMMONWEALTH of Pennsylvania, Appellant, v. John J. WATERS, a/k/a John Waters.

Supreme Court of Pennsylvania.

Filed March 3, 1987.

Attorney(s) appearing for the Case

Gaele M. Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

John Packel, Chief, Appeals, Assistant Public Defender, Philadelphia, for appellee.

Before CAVANAUGH, WICKERSHAM and McEWEN, JJ.

WICKERSHAM, Judge:

On April 21, 1984, John J. Waters was arrested and charged with driving under the influence of alcohol in violation of 75 Pa.C.S.A. § 3731. On May 15, 1985 he entered a plea of nolo contendere and was adjudicated guilty. This was his third conviction within seven years, and the Commonwealth argued that subsection 3731(e)(1)(iii) required the imposition of a minimum term of ninety (90) days...

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