COM. v. RUDD


366 Pa.Super. 473 (1987)

531 A.2d 515

COMMONWEALTH of Pennsylvania v. Robert Clayton RUDD, Appellant.

Supreme Court of Pennsylvania.

Filed September 22, 1987.


Attorney(s) appearing for the Case

Bruce A. Barrett, Assistant Public Defender, Meadville, for appellant.

John F. Spataro, Assistant District Attorney, Meadville, for Com., appellee.

Before BECK, JOHNSON and CERCONE, JJ.


CERCONE, Judge:

The question before us on appeal is whether a prior juvenile adjudication for driving under the influence of alcohol is a "conviction" for the purpose of mandatory minimum sentence enhancment under section 3731(e)(1) of the Vehicle Code. 75 Pa.C.S.A. § 3731. As an issue of first impression, we conclude that the trial court erred in treating for sentencing purposes appellant's former adjudication of delinquency as a prior conviction.

The...

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