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COM. v. LIPPERT

887 A.2d 1277 (2005)

COMMONWEALTH of Pennsylvania, Appellee v. Carl LIPPERT, Appellant.

Superior Court of Pennsylvania.

Filed December 1, 2005.

Attorney(s) appearing for the Case

Sidney Sokolsky, Pittsburgh, for appellant.

Michael W. Streily, Deputy Dist. Atty., Francesco L. Nepa, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Before: BOWES, McCAFFERY and POPOVICH, JJ.

BOWES, J.

¶ 1 Carl Lippert challenges the sufficiency of the evidence supporting his conviction of driving under the influence of alcohol with a blood alcohol content of .10% or more. We vacate the judgment of sentence and discharge Appellant.

¶ 2 We first examine the evidence presented at Appellant's jury trial. Monroeville Police Officer Safar1 testified that from midnight to 4:00 a.m. on November 11, 2001, the Plum...

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