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COM. v. MODAFFARE

529 Pa. 101 (1992)

601 A.2d 1233

COMMONWEALTH of Pennsylvania, Appellee, v. James Lee MODAFFARE, Appellant.

Supreme Court of Pennsylvania.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Anthony S. Guido, DuBois, for appellant.

John B. Mancke, Mancke and Wagner, Harrisburg, for amicus curiae, Pennsylvania Ass'n of Criminal Defense Lawyers.

Frederic J. Ammerman, Dist. Atty., Michael J. Saglimben, Asst. Dist. Atty., Clearfield, for appellee.

Stuart Suss, Deputy Dist. Atty., West Chester, for amicus curiae, Pennsylvania District Attorneys Ass'n.

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

OPINION OF THE COURT

FLAHERTY, Justice.

In 1988, in a trial by jury in the Court of Common Pleas of Clearfield County, the appellant, James Lee Modaffare, was convicted of operating a motor vehicle while under the influence of alcohol. An appeal was taken to the Superior Court, whereupon the judgment of sentence was affirmed. We granted allowance of appeal.

On the evening of June 8, 1987, appellant and a...

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