Commonwealth v. Tolano

OPINION BY

FORD ELLIOTT, P.J.:

¶ 1 Robert Toland, II, appeals from the judgment of sentence of October 20, 2008, following his conviction of driving under the influence (“DUI”). On appeal, appellant challenges the sufficiency of the evidence to support the conviction, specifically arguing that the Commonwealth failed to prove he was in actual physical control of the vehicle. Appellant also contends that he should have been awarded credit against his sentence for time spent in inpatient alcohol rehabilitation. After careful review, we affirm.

¶ 2 Following an incident on September 14, 2006, when…