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COM. v. WISE

848 A.2d 932 (2004)

COMMONWEALTH of Pennsylvania v. Harold WISE, Appellant.

Superior Court of Pennsylvania.

Filed March 22, 2004.

Reargument Denied May 28, 2004.

Attorney(s) appearing for the Case

David F. Pollock, Waynesburg, for appellant.

Joseph I. Brodack, Asst. Dist. Atty., Waynesburg, for Com., appellee.

BEFORE: FORD ELLIOTT, BOWES, and MONTEMURO, JJ.

OPINION BY FORD ELLIOTT, J.:

¶ 1 Following a bench trial on February 12, 2003, Harold Wise, appellant, was found guilty of driving under the Influence. 75 Pa.C.S.A. § 3731. Thereafter, the Honorable H. Terry Grimes sentenced appellant to a term of imprisonment for 15 days to 1 year, plus fines and costs. We vacate the judgment of sentence and remand for resentencing.

¶ 2 At sentencing, appellant relied...

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