Commonwealth v. Kearns

POPOVICH, Judge:

This is an appeal from the judgment of sentence which was imposed upon appellee, Thomas Kearns, after he en tered a plea of guilty to two (2) counts of driving under the influence of alcohol or a controlled substance (75 Pa.C.S.A. § 3731(a)(1) and (4)). The prosecution filed a motion to modify appellant’s sentence of not less than forty-eight (48) hours to six (6) months in prison with alternate housing approved at Arc House. This motion was denied, and this appeal followed. We must remand the matter for reasons herein stated.

The prosecution contends on appeal that appellee…