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COM. v. COLLINS

764 A.2d 1056 (2001)

COMMONWEALTH of Pennsylvania, Appellee, v. Casey S. COLLINS, Appellant.

Supreme Court of Pennsylvania.

Decided January 17, 2001.

Attorney(s) appearing for the Case

F. Cortez Bell, III, Bell Silberblatt & Wood, Clearfield, for Casey S. Collins.

Ray Gricar, Dist. Atty., District Attorney's Office, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

ZAPPALA, Justice.

We granted allocatur to determine whether the offenses of homicide by vehicle and homicide by vehicle while driving under the influence of alcohol (DUI) merge for sentencing purposes. Due to the mutually exclusive nature of the statutory elements, we hold that homicide by vehicle is not a lesser included offense of homicide by vehicle/DUI and therefore the Superior Court properly affirmed the imposition of separate sentences...

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