COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR.

COMMONWEALTH OF PENNSYLVANIA v. RICHARD D. CORRIGAN, JR. No. 2 WDA 2009 2010 PA Super 17 Atlantic: n/a Filed: 2/12/2010
	Appeal from the Judgment of Sentence entered on December 9, 2008 in the Court of Common Pleas of Clearfield County, Criminal Division, No. CP-17-CR-0001167-2007
Before: MUSMANNO, GANTMAN and DONOHUE, JJ.
Opinion by: MUSMANNO, J.
Richard D. Corrigan, Jr., (“Corrigan”) appeals from the judgment of sentence imposed following his convictions of driving under the influence (“DUI”) and driving on the right side of roadway. See 75 Pa.C.S.A. §§ 3802(c), 3301. We vacate and remand.

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Superior Court 9/19/08 - COMMONWEALTH OF PENNSYLVANIA v. WILLIAM JOSEPH LOVE

COMMONWEALTH OF PENNSYLVANIA v. WILLIAM JOSEPH LOVE
No. 3431 EDA 2007 2008 PA Super 218 Atlantic: n/a Filed: 9/19/2008
Appeal from the Judgment of Sentence dated November 15, 2007 In the Court of Common Pleas of Chester County Criminal No. CP-15-CR-0000321-2007
Before: ORIE MELVIN, KLEIN, and FITZGERALD,* JJ.
Opinion by: FITZGERALD, J.
Appellant, William Joseph Love, appeals from the judgment of sentence entered in the Chester County Court of Common Pleas. Appellant asks us to determine whether the trial court erred by sentencing him as a repeat offender for his second driving under the influence (DUI) conviction because, as a result of his decision to accept accelerated rehabilitative disposition (ARD), Appellant had not been sentenced on his first DUI offense when he committed the instant offense. We hold that, despite its subsequent revocation, the trial court properly considered his acceptance of ARD as a prior offense occurring within the ten-year look-back period pursuant to Section 3806(b) of the Motor Vehicle Code. See 75 Pa.C.S. § 3806(b). Accordingly, we affirm.

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Superior Court 8/15/08 - COMMONWEALTH OF PENNSYLVANIA v. BRIAN MICHAEL FLEMING

COMMONWEALTH OF PENNSYLVANIA v. BRIAN MICHAEL FLEMING

No. 2022 MDA 2007 2008 PA Super 191 Atlantic: n/a Filed: 8/15/2008
Appeal from the Order in the Court ofCommon Pleas of York County, Criminal Division,No. CP-67-CR-0002246-2007
Before: STEVENS, MUSMANNO and TAMILIA, JJ.
Opinion by: TAMILIA, J.
The Commonwealth appeals from the October 29, 2007, Order granting appellee Brian Fleming’s petition to direct the District Attorney of York County to accept him into the Accelerated Rehabilitative Disposition (ARD) program. Citing a 1998 Maryland felony drug conviction, the Commonwealth had refused to accept appellee into ARD following his March 14, 2007, arrest for driving under the influence (DUI).

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