COMMONWEALTH OF PENNSYLVANIA v. CRYSTAL ANN CATT

COMMONWEALTH OF PENNSYLVANIA v. CRYSTAL ANN CATT No. 185 MDA 2009 2010 PA Super 82 Atlantic: n/a Filed: 5/10/2010
	Appeal from the Judgment of Sentence December 30, 2008 In the Court of Common Pleas of York County Criminal, No. CP-67-CR-0005274-2008
Before: FORD ELLIOTT, P.J., STEVENS, GANTMAN, PANELLA, DONOHUE, SHOGAN, ALLEN, LAZARUS, AND MUNDY, JJ.
Opinion by: GANTMAN, J.
Appellant, Crystal Ann Catt, appeals from the judgment of sentence entered in the York County Court of Common Pleas following a guilty plea to one count of driving under the influence (“DUI”), arising from an offense committed on December 21, 2007, and a stipulated trial conviction on one count of DUI and one count of possession of drug paraphernalia, arising from offenses committed on April 12, 2008. Appellant asks us to decide whether the court erred when it sentenced her as a second-time offender for the April 2008 DUI. Pursuant to Commonwealth v. Haag, ___ Pa. ___, 981 A.2d 902 (2009), we hold the court erred when it sentenced Appellant as a recidivist for her April 2008 DUI; the court should have considered the DUI of December 21, 2007 and the DUI of April 12, 2008 as first offenses in accordance with 75 Pa.C.S.A. § 3806(b) and sentenced Appellant as a first-time offender on both convictions. Accordingly, we affirm Appellant’s convictions but vacate the judgment of sentence and remand for re-sentencing.

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