COM. v. PROCTOR


425 Pa.Super. 527 (1993)

625 A.2d 1221

COMMONWEALTH of Pennsylvania v. David Keith PROCTOR, Appellant.

Superior Court of Pennsylvania.

Filed June 3, 1993.


Attorney(s) appearing for the Case

Samuel W. Milkes, Carlisle, for appellant.

Alison Taylor, Asst. Dist. Atty., Carlisle, for Com., appellee.

Before CIRILLO, POPOVICH and HESTER, JJ.


HESTER, Judge:

David Keith Proctor appeals from the judgment of sentence of thirty days to twenty-three months imprisonment imposed after he was found guilty at a jury trial of driving while under the influence of alcohol, incapable of safe driving and driving while under the influence of alcohol with a blood alcohol content of .10% or greater. We conclude that appellant's conviction of driving with a blood alcohol content of .10% or greater cannot be sustained due...

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