Commonwealth v. Pryor

SPAETH, President Judge:

This is an appeal by the Commonwealth, pursuant to 75 Pa.C.S. § 3731(e)(4), from a judgment of sentence for driving under the influence of alcohol, 75 Pa.C.S. § 3731(a). The Commonwealth argues that by ordering appellee released on parole after 48 hours in jail, the trial court violated the provision of 75 Pa.C.S. § 3731(e)(1)(ii) that a person previously convicted of driving under the influence of alcohol — as appellee had been — “shall” be sentenced to a minimum term of imprisonment of “not less than 30 days.” We agree and therefore vacate the judgment of sentence…