Commonwealth v. Leonard

OPINION BY JUSTICE ELIZABETH A. McCLANAHAN

Gregory Edward Leonard II was convicted of driving under the influence ("DUI"), third or subsequent offense within a five-year period. The Court of Appeals vacated the sentence for DUI, third offense, and remanded the case to the trial court for sentencing on DUI, second offense. The Court of Appeals ruled that the Commonwealth was collaterally estopped in this case from using a valid DUI conviction as a predicate offense for sentencing enhancement because a general district court, in an unrelated case, previously ruled that the Commonwealth could not…