Commonwealth v. Walker

BROSKY, Judge:

concurring and dissenting.

I disagree with the majority’s conclusion that the evidence supported application of the sentencing enhancement. For this reason I dissent from that portion of the opinion and order.

The sentencing guidelines at 204 Pa.Code § 303.5 provide sentencing ranges to be applied for a DUI conviction “when one or more of the victims suffers serious bodily injury.” However, in Commonwealth v. Gallagher, 430 Pa.Super. 457, 634 A.2d 1147 (1993), we indicated that implementation of this sentencing provision was dependent upon a finding that the DUI violation was the…