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COM. v. SWARTZ

787 A.2d 1021 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Robert Earl SWARTZ, Appellant.

Superior Court of Pennsylvania.

Filed December 4, 2001.

Attorney(s) appearing for the Case

Michael R. Hadley, Oil City, for appellant.

James P. Carbone, Assistant District Attorney, Franklin, for Com., appellee.

Before DEL SOLE, President Judge, McEWEN, President Judge Emeritus, JOHNSON, FORD ELLIOTT, EAKIN, JOYCE, STEVENS, MUSMANNO and ORIE MELVIN, JJ.

DEL SOLE, President Judge.

¶ 1 This is an appeal from the judgment of sentence of two to twenty-four months, less one day, of incarceration imposed upon Appellant after he was convicted, at a non-jury trial, of driving under the influence of alcohol.1 A divided panel of this Court filed a memorandum opinion on March 27, 2001, ruling that the suppression court erred in upholding the legality...

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