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COM. v. FINN

808 A.2d 204 (2002)

COMMONWEALTH of Pennsylvania, Appellant, v. Daniel FINN, Appellee.

Superior Court of Pennsylvania.

Filed September 20, 2002.

Attorney(s) appearing for the Case

Frank P. Barletta, Asst. Dist. Atty., Wilkes-Barre, for Com., appellant.

Robert T. Roote, Falls, for appellee.

Before JOHNSON, HUDOCK and, BECK JJ.

JOHNSON, J.

¶ 1 On June 6, 2001, Daniel Finn pled guilty to two (2) counts of driving under the influence (DUI). See 75 Pa.C.S. § 3731. It being Finn's fifth DUI conviction, the Honorable Gifford S. Cappellini sentenced Finn to a mandatory term of one to two years' imprisonment. The sentencing order included a provision entitling Finn to work release. On January 18, 2002, Finn filed a Petition for Furlough. In that petition, Finn alleged: 1) that...

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