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COMMONWEALTH v. BOROVICHKA

No. 329 WDA 2010.

18 A.3d 1242 (2011)

COMMONWEALTH of Pennsylvania, Appellee v. Nathan BOROVICHKA, Appellant.

Superior Court of Pennsylvania.

Filed April 27, 2011.

Attorney(s) appearing for the Case

Paul R. Gettleman , Portersville, for appellant.

Marjorie J. Fox , Assistant District Attorney, Waynesburg, for Commonwealth, appellee.

BEFORE: BOWES, LAZARUS, and FREEDBERG, JJ.

OPINION BY LAZARUS, J.:

Nathan Borovichka ("Borovichka") appeals from his judgment of sentence imposed in the Court of Common Pleas of Greene County,1 after a jury convicted him of driving under the influence of alcohol ("DUI")—highest rate. 75 Pa.C.S.A. § 3802(c). In this appeal, Borovichka raises four issues, which for the following reasons are meritless. The Commonwealth, however, asks that we vacate Borovichka's

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