Superior Court 3/25/08 - COMMONWEALTH OF PENNSYLVANIA v. MICHAEL DAVID MISNER

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL DAVID MISNER
No. 1164 MDA 2006 2008 PA Super 47 Atlantic: n/a Filed: 3/25/2008
Appeal from the Judgment of Sentence April 10, 2006 In the Court of Common Pleas of York County Criminal at No(s): CP-67-CR-0006338-2005
Before: STEVENS, ORIE MELVIN, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of York County on April 10, 2006, following Appellant’s plea of guilty to three (3) separate charges of driving under the influence of alcohol (DUI) and various offenses. Herein, Appellant contends that the trial court erred in treating his DUI offenses as first, second, and third offenses and, in accordance therewith, sentencing him under mandatory minimum sentencing provisions. We disagree; consequently, we affirm the judgment of sentence.


Herein, Appellant raises the following question for review:

WHETHER THE TRIAL COURT ERRED IN ITS INTERPRETATION OF TITLE 75, CHAPTER 38 (DRIVING AFTER IMBIBING ALCOHOL) OF THE VEHICLE CODE WHEN IT ENTENCED THE APPELLANT TO MANDATORY SENTENCES UNDER 75 PA.C.S.A. § 3804(C)(1), (C)(2), AND (C)(3) FOR THE THREE DRIVING UNDER THE INFLUENCE OFFENSES UNDER 75 PA.C.S.A. § 3802(C) WITHOUT REGARD FOR THE PROVISIONS OF 75 PA.C.S.A. § 3806?

Appellant argues that the court’s treatment of his DUI offenses as first, second, and third offenses and, thereby, sentencing him pursuant to the above provisions was violative of the dictates of 75 Pa.C.S.A. § 3806. In support of this contention, Appellant asserts that “when the first DUI occurred on April 21, 2005, he had no prior convictions, when the second DUI occurred on May 21, 2005, he had no prior convictions, and when the final DUI occurred on November 19, 2005, he did not have any prior convictions.”