Commonwealth v. Musau

OPINION BY

STRASSBURGER, J.:

John M. Musau (Appellant) appeals from his judgment of sentence of 90 days to 5 years of imprisonment following his conviction for driving under the influence (DUI), 75 Pa.C.S. § 3802(a)(1). We vacate Appellant’s judgment of sentence and remand for resentencing consistent with this opinion.

At 3:45 a.m. on June 11, 2010, Officer Felicia Seabron of the Philadelphia Police found Appellant in the driver’s seat of a vehicle stopped in front of a fire hydrant. The engine was running, the car was in gear, and Appellant’s foot was on the brake. Wflien Officer Seabron…