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COM. v. XANDER

No. 557 EDA 2010.

14 A.3d 174 (2011)

COMMONWEALTH of Pennsylvania, Appellant v. Alice XANDER, Appellee.

Superior Court of Pennsylvania.

Filed February 18, 2011.

Attorney(s) appearing for the Case

Sandra F. McClure , Assistant District Attorney, Easton, for Commonwealth, appellant.

Gregory W. Paglianite , Easton, for appellee.

BEFORE: SHOGAN, MUNDY, and FITZGERALD, JJ.

OPINION BY MUNDY, J.:

The Commonwealth appeals from the February 2, 2010 judgment of sentence wherein the trial court granted Appellee Alice Xander's motion for judgment of acquittal with regard to the enhanced DUI penalty to be imposed by the trial court pursuant to 75 Pa.C.S.A. § 3804(c). This penalty was to be imposed in connection with Appellee's DUI conviction for which the trial court imposed a sentence of five days to six months' imprisonment.

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