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COM. v. SHEARER

392 Pa.Super. 253 (1990)

572 A.2d 787

COMMONWEALTH of Pennsylvania, Appellant, v. Donald W.H. SHEARER.

Supreme Court of Pennsylvania.

Filed April 12, 1990.

Attorney(s) appearing for the Case

Amy L. Hallenbeck, Asst. Dist. Atty., Williamsport, for Com., appellant.

Deborah A. Weinman, Williamsport, for appellee.

Before ROWLEY, FORD ELLIOTT and HOFFMAN, JJ.

HOFFMAN, Judge:

This is an appeal by the Commonwealth from the judgment of sentence of thirty-days-to-nine-months imprisonment for a second conviction of driving under the influence, 75 Pa. C.S.A. § 3731(e)(1)(ii). The Commonwealth does not appeal the actual sentence imposed, which is the statutorily mandated minimum sentence, but asserts that the trial court abused its discretion when it credited appellee...

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