Commonwealth v. Kimmel

CONCURRING OPINION BY

OLSON, J.:

I agree with the learned majority that Appellant’s convictions do not merge. I do so, however, for a different reason. Unlike the learned majority, in my view, Appellant was charged with committing a single criminal act. Nonetheless, all of the statutory elements of driving under the influence (DUI) are not included in F3-fleeing. Accordingly, I concur only in the learned majority’s judgment.

The majority succinctly summarized 42 Pa.C.S.A. § 9765. Majority Opinion at 1276. I thus proceed directly to considering whether Appellant was charged with committing a…