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COM. v. HAAG

No. 69 MAP 2008.

981 A.2d 902 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Patrick A. HAAG, Sr., Appellant.

Supreme Court of Pennsylvania.

Decided October 23, 2009.

Attorney(s) appearing for the Case

John M. Ogden, Esq., Holt & Odgen, L.L.P., for Patrick A. Haag, Sr.

John B. Mancke, Esq., Mancke, Wagner, Spreha & McQuillan, Harrisburg, for amicus curiae Pennsylvania Association of Criminal Defense Lawyers.

Karl Baker, Esq., Peter Rosalsky, Esq., Defender Association of Philadelphia, Philadelphia, for amicus curiae Defender Association of Philadelphia.

Hugh S. Rebert, Esq., Lori A. Edwards, Esq., Andrew Joseph Petsu, Jr., Esq., York County District Attorney's Office, for Commonwealth of Pennsylvania.

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

OPINION

Justice McCAFFERY.

In this appeal, we are asked to determine whether two offenses of Driving Under the Influence of Alcohol ("DUI") occurring within one and one-half hours of each other should be considered first and second offenses for purposes of sentencing under the recidivist provisions of the Vehicle Code. Because we conclude that 75 Pa.C.S. § 3806(b) requires that an offender have a conviction, or other specified form of judicial...

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