| COMMONWEALTH OF PENNSYLVANIA v. ULISES LUNA NAVA No. 334 EDA 2008 2009 PA Super 28 Atlantic: 966 A.2d 930 Filed: 2/11/2009 | |
| Appeal from the Judgment of Sentence November 19, 2007 In the Court of Common Pleas of Chester County Criminal Division at No. CP-15-CR-0004017-2007 | |
| Before: ORIE MELVIN, CLELAND AND POPOVICH, JJ. | |
| Opinion by: CLELAND, J. | |
| Ulises Luna Nava (Luna), an illegal alien, appeals the November 19, 2007 judgment of sentence and the December 26, 2007 partial denial of his post-sentence motion to modify sentence. His appeal raises the question whether a sentencing court, as a condition of parole, may require an illegal alien, convicted of driving under the influence, to remove himself from the Commonwealth of Pennsylvania within ten days of the beginning of his parole. For reasons that follow, we vacate that portion of his sentence which imposes the condition. | |
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