Commonwealth v. Kinney

¶ 1 Appellant, Jodey R. Kinney, appeals from the judgment of sentence imposed following his conviction for driving under the influence of alcohol. Appellant challenges the grading of the offense. We vacate and remand for resentencing.

¶ 2 The facts are as follows. On January 18, 2000, Appellant entered a plea of guilty to driving under the influence of alcohol. N.T., 1/18/00, at 1-16. Appellant has a prior “driving under the influence” offense in Pennsylvania, which initially resulted in ARD disposition. N.T., 2/17/00, at 2. Appellant also has a “driving while intoxicated” conviction in the…