Commonwealth v. Tanner

OPINION BY

OLSON, J.:

Appellant, Stacey L. Tanner, appeals from the judgment of sentence entered on March 5, 2012, as made final by the denial of Appellant’s post-sentence motion on March 29, 2012. We vacate Appellant’s *1045judgment of sentence and remand for re-sentencing.

On December 5, 2010, Appellant entered an open guilty plea to homicide by motor vehicle while driving under the influence of alcohol,1 aggravated assault by vehicle while DUI, and DUI (highest rate of alcohol).2 The underlying facts were set forth during the guilty plea hearing as follows.

At approximately 12:28 a.m. on August 26,…