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COM. v. CONAHAN

527 Pa. 199 (1991)

589 A.2d 1107

COMMONWEALTH of Pennsylvania, Appellee, v. John Joseph CONAHAN, Appellant.

Supreme Court of Pennsylvania.

Decided April 24, 1991.

Attorney(s) appearing for the Case

Francis R. Lord, Media, for appellant.

Joseph J. Mittleman, Asst. Dist. Atty., Stuart Suss, Deputy Dist. Atty., James P. MacElree, II, Dist. Atty., for amicus — Dist. Atty. of Chester County.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

CAPPY, Justice.

The issue before this Court is whether the Superior Court erred in determining that the mandatory sentence for driving under the influence, 75 Pa.C.S. § 3731, precludes a credit for time served voluntarily in inpatient alcohol rehabilitation. We find that time served in such "institutionalized" rehabilitation is sufficient "custody" for purposes of crediting "time served" because it falls within the definition of...

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