COMMONWEALTH OF PENNSYLVANIA v. JOSEPH C. STEMPLE, JR.
No. 2301 WDA 2006 2008 PA Super 1 Atlantic: n/a Filed: 1/2/2008
Appeal from the PCRA Order of November 8, 2006, in the Court of Common Pleas of Mercer County, Criminal Division at No. 361 Criminal 2004
Before: TODD, BOWES AND COLVILLE, JJ.
Opinion by: COLVILLE, J.
This case is an appeal from the order denying Appellant’s petition under the Post Conviction Relief Act (PCRA). Appellant contends his sentence is illegal in various ways, and his arguments require us to determine the proper interpretation of the sentencing provisions of 75 Pa.C.S.A. § 3735(a) (homicide by vehicle while driving under the influence). For the reasons set forth herein, we reverse the PCRA court’s order, vacate the sentence and remand for proceedings consistent with this opinion.