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COM. v. DOWNING

739 A.2d 169 (1999)

COMMONWEALTH of Pennsylvania, Appellee, v. Richard C. DOWNING, Appellant.

Superior Court of Pennsylvania.

Filed August 24, 1999.

Attorney(s) appearing for the Case

Richard E. Goldinger, Public Defender, Butler, for appellant.

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

Before EAKIN, JOYCE and HESTER, JJ.

EAKIN, J.:

¶ 1 Richard Downing appeals from the judgment of sentence entered following his conviction for driving under the influence (DUI). We affirm.

¶ 2 On August 20, 1995, Pennsylvania State Police Trooper John Angelo was dispatched to Herman Road in Butler County, where a motorist allegedly struck a pedestrian. He arrived and discovered appellant was the driver. Upon noticing appellant had an odor of alcohol on his breath and staggered when...

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