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COM. v. DIETRICH

No. 83 MAP 2007.

970 A.2d 1131 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Matthew Wayne DIETRICH, Appellant.

Supreme Court of Pennsylvania.

Resubmitted May 1, 2009.

Decided May 27, 2009.

Attorney(s) appearing for the Case

Matthew Raymond Gover, Esq., Nealon, Gover & Perry, Harrisburg, for Matthew Wayne Dietrich.

Edward Michael Marsico, Jr., Esq., James Patrick Barker, Esq., Dauphin County District Attorney's Office, Jason Eugene McMurry, Esq., for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.

OPINION

Justice EAKIN.

Appellant drove across the center line and struck another vehicle head-on. The driver of the other vehicle, Harold Zimmerman, sustained serious injuries; his father and passenger, Earl Zimmerman, sustained fatal injuries. A blood test revealed appellant's blood alcohol content was 0.18%.

Appellant pled guilty to driving under the influence (DUI), homicide by vehicle while DUI, aggravated assault while DUI, and summary...

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