COM. v. BUTT


406 Pa.Super. 526 (1991)

594 A.2d 743

COMMONWEALTH of Pennsylvania, Appellant, v. Timothy Dwayne BUTT.

Superior Court of Pennsylvania.

Filed August 8, 1991.


Attorney(s) appearing for the Case

Charles Coleman, Asst. Dist. Atty., Reading, for Com., appellant.

Lawrence J. Hracho, Reading, for appellee.

Before WIEAND, BECK and HUDOCK, JJ.


BECK, Judge.

In the instant case the trial court dismissed drunk driving charges against Timothy Butt on the grounds that the DUI prosecution would violate the constitutional guarantee against double jeopardy. The dismissal was based on the recent Supreme Court case of Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990) and this court's en banc opinion in Commonwealth v. Labelle,

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