Commonwealth v. Hagerman

HESTER, Judge:

This is an appeal from the judgment of sentence entered upon appellant’s conviction of driving under the influence (“DUI”) following a jury trial. Appellant argues that the refiling of charges, after the initial charges were dismissed at his first preliminary hearing, violated the holding of Commonwealth v. Hatcher, 345 Pa.Super. 481, 498 A.2d 925 (1985), and requires dismissal of the charges against him. We agree that there might have been a violation of Hatcher, and remand the case for further proceedings due to the fact that the record is incomplete.

On February 20, 1985,…