Commonwealth v. Arest

KELLY, J.:

¶ 1 In this appeal, the Commonwealth asks us to determine whether Appellee Kazimierz Arest’s sentence for a second conviction for driving under the influence of alcohol (“DUI”) 1 is illegal. Specifically, we must decide whether the sentence is illegal where Appellee was sentenced to house arrest, without drug and alcohol treatment. We hold that the sentence as imposed is illegal because it did not include a drug and alcohol treatment component as mandated by statute. Accordingly, we vacate the judgment of sentence and remand for re-sentencing consistent with 75 Pa.C.S.A. §…