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COM. v. YARGER

538 Pa. 329 (1994)

648 A.2d 529

COMMONWEALTH of Pennsylvania, Appellant, v. Donald YARGER, Appellee.

Supreme Court of Pennsylvania.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Kenneth A. Osokow, Dist. Atty., for appellant.

Peter T. Campana, Williamsport, for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

NIX, Chief Justice.

The Commonwealth appeals from the Order of the Superior Court which vacated the sentence of Donald Yarger, Appellee, and remanded to the Court of Common Pleas. Appellee was convicted by a jury of driving under the influence with a blood alcohol content in excess of 0.10%, pursuant to 75 Pa.C.S. § 3731(a)(4),1 and sentenced to a term of imprisonment...

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