COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER

COMMONWEALTH OF PENNSYLVANIA v. MICHAEL ALLAN CLOUSER No. 648 MDA 2009 2010 PA Super 115 Atlantic: n/a Filed: 6/25/2010
	Appeal from the Judgment of Sentence entered March 17, 2009 In the Court of Common Pleas of Franklin County Criminal No.: CP-29-CR-0000114-2008
Before: STEVENS, DONOHUE, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, Michael Allan Clouser, appeals from the judgment of sentence entered in the Franklin County Court of Common Pleas, following his conviction of driving under the influence (“DUI”) of alcohol or controlled substance (highest rate of alcohol), and DUI (general impairment). Appellant contends that the trial court erred in denying his request for a justification instruction. We hold the trial court erred in concluding summarily that Appellant had alternate options in escaping the perceived danger; however, Appellant failed to assert that it was necessary to drive five miles to continue escaping the danger. Accordingly, for reasons other than those proposed by the trial court, we affirm.

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