Commonwealth v. Carlson

HUDOCK, Judge:

This is an appeal from the judgment of sentence after a jury convicted Appellant of driving under the influence of alcohol. 1 Appellant was subsequently sentenced to a term of 90 to 180 days incarceration and a fine of $500.00, followed by two years of probation. This direct appeal followed. We reverse and remand.

The pertinent facts may be summarized as follows: Late in the evening on October 13, 1995, Arthur Brunst (Brunst), a wildlife conservation officer with the Pennsylvania Game Commission, and a fellow officer, had retrieved the carcass of a deer that had been shot for…