COMMONWEALTH OF PENNSYLVANIA v. WILLIAM JOSEPH LOVE
No. 3431 EDA 2007 2008 PA Super 218 Atlantic: n/a Filed: 9/19/2008
Appeal from the Judgment of Sentence dated November 15, 2007 In the Court of Common Pleas of Chester County Criminal No. CP-15-CR-0000321-2007
Before: ORIE MELVIN, KLEIN, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, William Joseph Love, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas. Appellant asks us to determine whether the trial court erred by sentencing him as a repeat offender for his second driving under the influence (DUI) conviction because, as a result of his decision to accept accelerated rehabilitative disposition (ARD), Appellant had not been sentenced on his first DUI offense when he committed the instant offense. We hold that, despite its subsequent revocation, the trial court properly considered his acceptance of ARD as a prior offense occurring within the ten-year look-back period pursuant to Section 3806(b) of the Motor Vehicle Code. See 75 Pa.C.S. § 3806(b). Accordingly, we affirm.
-----------------------------------------------------
Want 50 state & federal case law? - click here
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment