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COM. v. BOWERS

No. 628 MDA 2010.

25 A.3d 349 (2011)

2011 PA Super 135

COMMONWEALTH OF PENNSYLVANIA, Appellant v. Jamar R. BOWERS, Appellee.

Superior Court of Pennsylvania.

Filed June 29, 2011.

Attorney(s) appearing for the Case

Alisa R. Hobart , Assistant District Attorney, Reading, for Commonwealth, appellant.

Eric J. Taylor , Public Defender, Reading, for appellee.

BEFORE: GANTMAN, LAZARUS and MUNDY, JJ.

OPINION BY LAZARUS, J.:

The Commonwealth appeals from the judgment of sentence imposed in the Court of Common Pleas of Berks County, after appellee, Jamar R. Bowers ("Bowers"), pled guilty to driving under the influence of alcohol ("DUI") and maximum speed limits.1 Because the trial court illegally sentenced Bowers as a first-time DUI offender in direct contravention of 75 Pa.C.S.A. § 3806(b) and binding precedent,

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