COM. v. LEE


363 Pa.Super. 400 (1987)

526 A.2d 405

COMMONWEALTH of Pennsylvania, Appellant, v. Terrence LEE.

Supreme Court of Pennsylvania.

Filed May 18, 1987.


Attorney(s) appearing for the Case

Sean K. Code, Assistant District Attorney, Pittsburgh, for Commonwealth, appellant.

Larry P. Gaitens, Pittsburgh, for appellee.

Before BROSKY, BECK and POPOVICH, JJ.


BECK, Judge:

The Commonwealth appeals the judgment of sentence for driving under the influence (DUI), 75 Pa.Cons.Stat.Ann. § 3731 (Purdon Supp. 1985), entered after a guilty plea. We are asked to consider whether the sentence was illegal because the sentencing court did not impose the mandatory minimum penalty for DUI recidivists, under 75 Pa.Cons. Stat.Ann. § 3731(e)(1)(iii).1 We reverse and remand for resentencing.

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