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COM. v. WAGGONER

373 Pa.Super. 23 (1988)

540 A.2d 280

COMMONWEALTH of Pennsylvania v. Richard WAGGONER, Appellant.

Supreme Court of Pennsylvania.

Filed April 4, 1988.

Attorney(s) appearing for the Case

Sarah R. Nichols, Assistant Public Defender, Paoli, for appellant.

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

Before CIRILLO, President Judge, and BROSKY and BECK, JJ.

CIRILLO, President Judge:

This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Chester County. We reverse and remand for a new trial.

At approximately 1:30 a.m. on July 24, 1986, Patrolman Lester J. Neri of the Tredyffrin Township Police Department arrested the appellant, Richard Waggoner, for driving under the influence of alcohol. At the time, Officer Neri requested Waggoner to perform a field sobriety test. Following the...

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