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COM. v. CARLSON

705 A.2d 468 (1998)

COMMONWEALTH of Pennsylvania, Appellee, v. Brent James CARLSON, Appellant.

Superior Court of Pennsylvania.

Filed January 13, 1998.

Attorney(s) appearing for the Case

Jack W. Cline, Mercer, for appellant.

David A. Hepting, Asst. Dist. Atty., Butler, for Com., appellee.

Before KELLY, HUDOCK and BROSKY, JJ.

HUDOCK, Judge:

This is an appeal from the judgment of sentence after a jury convicted Appellant of driving under the influence of alcohol.1 Appellant was subsequently sentenced to a term of 90 to 180 days incarceration and a fine of $500.00, followed by two years of probation. This direct appeal followed. We reverse and remand.

The pertinent facts may be summarized as follows: Late in the evening on October 13, 1995, Arthur Brunst...

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