| COMMONWEALTH OF PENNSYLVANIA, v. DANIEL J. SCHMOHL No. 281 MDA 2008 2009 PA Super 97 Atlantic: 975 A.2d 1144 Filed: 5/26/2009 | |
| Appeal from the Judgment of Sentence Entered September 4, 2007, In the Court of Common Pleas, Cumberland County, Criminal, at CP-21-CR-001901-2006 | |
| Before: ALLEN, CLELAND and FITZGERALD, JJ. | |
| Opinion by: ALLEN, J. | |
| Appellant Daniel J. Schmohl appeals from the judgment of sentence entered following his convictions of aggravated assault while driving under the influence (“AA-DUI”), recklessly endangering another person (“REAP”), DUI - general impairment with accident, DUI - high rate of alcohol, and the summary offense of reckless driving. Appellant maintains that the evidence was legally insufficient to sustain his convictions and that the trial court erred as a matter of law in failing to merge his conviction of DUI – high rate of alcohol - with his conviction of AA-DUI. We affirm in part and reverse in part, vacating Appellant’s sentence for DUI – high rate of alcohol. | |
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