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COM. v. MUSAU

No. 1811 EDA 2011

69 A.3d 754 (2013)

2013 PA Super 159

COMMONWEALTH of Pennsylvania, Appellee v. John M. MUSAU, Appellant.

Superior Court of Pennsylvania.

Filed June 28, 2013.

Attorney(s) appearing for the Case

Karl Baker , Public Defender, Philadelphia, for appellant.

Hugh J. Burns, Jr. , Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

BEFORE: LAZARUS, J., OTT, J., and STRASSBURGER, J.

OPINION BY STRASSBURGER, J.:

John M. Musau (Appellant) appeals from his judgment of sentence of 90 days to 5 years of imprisonment following his conviction for driving under the influence (DUI), 75 Pa.C.S. § 3802(a)(1). We vacate Appellant's judgment of sentence and remand for resentencing consistent with this opinion.

At 3:45 a.m. on June 11, 2010, Officer Felicia Seabron of the Philadelphia Police found Appellant in the driver's seat of a vehicle stopped...

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