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COM. v. MUNIZ

377 Pa.Super. 382 (1988)

547 A.2d 419

COMMONWEALTH of Pennsylvania v. Inocencio MUNIZ, Appellant.

Supreme Court of Pennsylvania.

Filed September 8, 1988.

Attorney(s) appearing for the Case

Richard F. Maffett, Jr., Harrisburg, for appellant.

Merle L. Ebert, Jr., Carlisle, for Com., appellee.

Before CIRILLO, President Judge, and OLSZEWSKI and MONTEMURO, JJ.

CIRILLO, President Judge:

This is an appeal from a judgment of sentence entered by the Court of Common Pleas of Cumberland County following Inocencio Muniz's conviction for driving under the influence of alcohol. We reverse.

While on routine patrol in the early morning hours of November 30, 1986, Officer David Spotts of the Upper Allen Township Police Department observed a vehicle positioned on the northbound berm of U.S. Route 15. The vehicle was

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