Commonwealth v. Yarger

OPINION

NIX, Chief Justice.

The Commonwealth appeals from the Order of the Superior Court which vacated the sentence of Donald Yarger, Appellee, and remanded to the Court of Common Pleas. Appellee was convicted by a jury of driving under the influence with a blood alcohol content in excess of 0.10%, pursuant to 75 Pa.C.S. § 3731(a)(4), 1 and sentenced to a term of imprisonment of forty-eight hours to twelve months. We granted allocatur to determine whether our holdings in Commonwealth v. Jarman, 529 Pa. 92, 601 A.2d 1229 (1992), and Commonwealth v. Modaffare, 529 Pa. 101, 601 A.2d 1233 (1992),…