COM. v. ALSTON


387 Pa.Super. 393 (1989)

564 A.2d 235

COMMONWEALTH of Pennsylvania, Appellant, v. Orick ALSTON.

Supreme Court of Pennsylvania.

Filed September 19, 1989.


Attorney(s) appearing for the Case

David J. Novak, Asst. Dist. Atty., Philadelphia, for Com.

William D. Schroeder, Jr., Philadelphia, for appellee.

Before TAMILIA, JOHNSON and HOFFMAN, JJ.


HOFFMAN, Judge:

This is an appeal from a judgment of sentence for driving under the influence of alcohol, which was entered following appellee's guilty plea. Appellant, the Commonwealth, contends that the trial court erred in refusing to consider appellee's prior acceptance of Accelerated Rehabilitative Disposition (ARD) for an unrelated driving under the influence offense, a prior conviction as prescribed by 75 Pa.C. S.A. § 3731(e)(2). Although we agree with...

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