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COM. v. NAVA

No. 334 EDA 2008.

966 A.2d 630 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Ulises Luna NAVA, Appellant.

Superior Court of Pennsylvania.

Filed February 11, 2009.

Attorney(s) appearing for the Case

Amparito Arriaga, Exton, for appellant.

Nicholas J. Casenta, Jr., Asst. Dist. Atty., West Chester, for Com., appellee.

BEFORE: ORIE MELVIN, CLELAND and POPOVICH, JJ.

OPINION BY CLELAND, J.:

¶ 1 Ulises Luna Nava (Luna), an illegal alien, appeals the November 19, 2007 judgment of sentence and the December 26, 2007 partial denial of his post-sentence motion to modify sentence. His appeal raises the question whether a sentencing court, as a condition of parole, may require an illegal alien, convicted of driving under the influence, to remove himself from the Commonwealth of Pennsylvania...

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