COMMONWEALTH OF PENNSYLVANIA v. JEFFREY ALAN EDE
No. 2543 EDA 2006 2008 PA Super 84 Atlantic: n/a Filed: 4/28/2008
Appeal from the Judgment of Sentence dated August 7, 2006 In the Court of Common Pleas of Lehigh County Criminal No. CP-39-CR-0001507-2006
Before: BENDER, ALLEN, and FITZGERALD, JJ.
Opinion by: FITZGERALD, J.
Concurring and Dissenting Opinion by: ALLEN, J.
Appellant, Jeffrey Alan Ede, filed this pro se appeal from the judgment of sentence entered in the Lehigh County Court of Common Pleas following his guilty plea to two counts of recklessly endangering another person (REAP), one count of fleeing or attempting to elude police (Fleeing), and a summary offense of driving while operating privilege is suspended or revoked. We hold 75 Pa.C.S. § 6503 mandates that a sentence of imprisonment for a second-time conviction of Fleeing may not exceed a term of six months. We further hold that the crimes of Fleeing and REAP do not merge for sentencing purposes. Finally, we deny Appellant’s claim regarding credit for time served. Accordingly, we affirm in part, and vacate and remand in part.
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