Commonwealth v. O'Malley

*1266OPINION BY

COLVILLE, J.:

¶ 1 Thomas O’Malley (“Petitioner”) petitions for allowance of appeal with respect to the discretionary aspects of his sentence. His counsel has filed a petition to withdraw and a brief under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging this matter is wholly frivolous. We grant counsel’s petition to withdraw and deny the petition for allowance of appeal.

Facts

¶ 2 Petitioner pled guilty to driving under the influence of a controlled substance (“DUD in violation of 75 Pa.C.S.A. § 3802(d). The instant offense was his third DUI and, as…