| COMMONWEALTH OF PENNSYLVANIA v. MATTHEW ALEXANDER BASINGER No. 1830 WDA 2008 2009 PA Super 204 Atlantic: 982 A.2d 121 Filed: 10/21/2009 | |
| Appeal from the Judgment of Sentence entered October 20, 2008 In the Court of Common Pleas of Clearfield County Criminal Division at No. CP-17-CR-0000684-2007 | |
| Before: BENDER, BOWES and CLELAND, JJ. | |
| Opinion by: BENDER, J. | |
| Matthew Alexander Basinger appeals the judgment of sentence imposed following his conviction of two counts of Driving Under the Influence of Alcohol (DUI) and the summary traffic offense of Vehicle Entering or Crossing Roadway. See 75 Pa.C.S. §§ 3802(a)(1), (b), 3324 (respectively). Basinger contends, inter alia, that the sentence the court imposed, which consisted of a period of probation conditioned on the defendant’s completion of a flat term of incarceration, is not consistent with the Pennsylvania Sentencing Code, 42 Pa.C.S. § 9721, et seq., and therefore is illegal. We concur in Basinger’s assessment. Accordingly, we vacate the judgment of sentence and remand for re-sentencing. | |
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