COM. v. BARR

No. 1967 WDA 2012

79 A.3d 668 (2013)

COMMONWEALTH of Pennsylvania, Appellee, v. Jason C. BARR, Appellant.

Superior Court of Pennsylvania.

Filed October 22, 2013.


Attorney(s) appearing for the Case

Scott A. White , Public Defender, Seneca, for appellant.

Mark T. Aaron , District Attorney, Clarion, for Commonwealth, appellee.

BEFORE: LAZARUS, OLSON and COLVILLE, JJ.


OPINION BY OLSON, J.:

Appellant, Jason C. Barr, appeals from the judgment of sentence entered on November 14, 2012. We vacate Appellant's judgment of sentence in part and remand for a new trial, limited to the issue of whether Appellant "refused" to submit to a chemical blood test.

At approximately 8:30 p.m. on September 14, 2011, Appellant was involved in a single vehicle accident where both he and his passenger were injured. Later, while Appellant was being...

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