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COM. v. LEE

No. 2278 WDA 2007.

972 A.2d 1 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. John Charles LEE, II, Appellant.

Superior Court of Pennsylvania.

Filed March 13, 2009.

Attorney(s) appearing for the Case

Ronald C. Makoski, Greensburg, for appellant.

John W. Peck, II, Asst. Dist. Atty., for Com., appellee.

BEFORE: MUSMANNO, DONOHUE and COLVILLE, JJ.

OPINION BY DONOHUE, J.:

¶ 1 John Charles Lee, II ("Lee") appeals from the judgment of sentence entered following his conviction for driving under the influence ("DUI") pursuant to 75 Pa. C.S.A. § 3802(a)(1) and (c). For the reasons that follow, we reverse and remand for a new trial.

¶ 2 The factual and procedural background of this case is as follows. At approximately 11:30 p.m. on August 22, 2006, Lisa Jones ("Jones") was in her home on Schendel...

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