COM. v. MINCONE


405 Pa.Super. 599 (1991)

592 A.2d 1375

COMMONWEALTH of Pennsylvania, Appellee, v. Leonard MINCONE, Appellant.

Superior Court of Pennsylvania.

Filed June 24, 1991.


Attorney(s) appearing for the Case

Rhonda Anderson Marks, Pittsburgh, for appellant.

Kevin F. McCarthy, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

George C. Diamantopulos, Pittsburgh, for participating party.

Before CIRILLO, President Judge, and CAVANAUGH, WIEAND, OLSZEWSKI, DEL SOLE, POPOVICH, JOHNSON, HUDOCK and FORD ELLIOTT, JJ.


CAVANAUGH, Judge:

The issue in this case is whether the court below erred in refusing to grant credit to appellant, Leonard Mincone, for time voluntarily spent in an alcohol treatment program at a rehabilitation center. The court below held that this did not constitute "imprisonment" under the sentencing provisions for driving under the influence as set forth in 75 Pa.C.S. § 3731(e)(1)(ii).1

The appellant, Leonard Mincone...

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