Legal Opinion
Commonwealth v. Becker
Supreme Court of Pennsylvania
Decided August 10, 1987No. 00386PublishedCited by 45 opinions
1Opinion of the Court
BECK, Judge:
The issue is whether appellee’s acceptance into the Accelerated Rehabilitative Disposition (ARD) program after being charged with driving under the influence (DUI) exposes appellee to sentence as a second offender after a guilt determination on a second DUI charge. We find that the lower court erred in sentencing appellee as a first offender. Accordingly, we vacate judgment and remand for resentencing.
I
Appellee Robert E. Becker was first arrested on January 2, 1984 and charged with DUI. See Drunk Driving Act, 1982, Dec. 15 Pa.Laws 1268 No. 289, § 9, 75 Pa.Cons.Stat. Ann. § 3731…
2Cases cited24 opinions
- McMillan v. PennsylvaniaSupreme Court of the United States · 1986
- Commonwealth v. WrightSupreme Court of Pennsylvania · 1985
- Commonwealth v. LutzSupreme Court of Pennsylvania · 1985
- Commonwealth v. BellSupreme Court of Pennsylvania · 1986
- Commonwealth v. LobiondoSupreme Court of Pennsylvania · 1983
19 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Commonwealth v. DickersonSupreme Court of Pennsylvania · 1993
- Commonwealth v. WoodSuperior Court of Pennsylvania · 1994
- Commonwealth v. CozzoneSuperior Court of Pennsylvania · 1991
- Commonwealth v. PhilippSuperior Court of Pennsylvania · 1998
- Commonwealth v. BowersSuperior Court of Pennsylvania · 2011
40 more not listed; retrieve them via the Exa API.