COM. v. AREST


734 A.2d 910 (1999)

COMMONWEALTH of Pennsylvania, Appellant, v. Kazimierz AREST, Appellee.

Superior Court of Pennsylvania.

Filed July 8, 1999.


Attorney(s) appearing for the Case

William G. Young, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Richard A. Gutman, Philadelphia, for appellee.

Before McEWEN, President Judge, and CAVANAUGH, DEL SOLE, KELLY, EAKIN, JOYCE, STEVENS, SCHILLER and LALLY-GREEN, JJ.


KELLY, J.:

¶ 1 In this appeal, the Commonwealth asks us to determine whether Appellee Kazimierz Arest's sentence for a second conviction for driving under the influence of alcohol ("DUI")1 is illegal. Specifically, we must decide whether the sentence is illegal where Appellee was sentenced to house arrest, without drug and alcohol treatment. We hold that the sentence as imposed is illegal because it did not include a drug and alcohol...

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