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COM. v. TOLAND

No. 3211 Eastern District Appeal 2008.

995 A.2d 1242 (2010)

COMMONWEALTH of Pennsylvania v. Robert TOLAND, II, Appellant.

Superior Court of Pennsylvania.

Filed May 25, 2010.

Attorney(s) appearing for the Case

Alessandro Giribaldi, Media, for appellant.

George M. Green, Asst. Dist. Atty., and Michelle P. Hutton, Asst. Dist. Atty., for Com., appellee.

BEFORE: FORD ELLIOTT, P.J., STEVENS and DONOHUE, JJ.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 Robert Toland, II, appeals from the judgment of sentence of October 20, 2008, following his conviction of driving under the influence ("DUI"). On appeal, appellant challenges the sufficiency of the evidence to support the conviction, specifically arguing that the Commonwealth failed to prove he was in actual physical control of the vehicle. Appellant also contends that he should have been awarded credit against his sentence...

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