Commonwealth v. Reeb

CERCONE, Judge:

This appeal is from the judgment of sentence of the Court of Common Pleas of Delaware County. Appellant was sentenced to a term of incarceration of thirty (30) days to twenty-three (23) months in the Delaware County Prison following his conviction after a jury trial of driving under the influence of alcohol to a degree which rendered him incapable of safe driving. 1 The jury acquitted appellant on a charge of operating a motor vehicle while the amount of blood alcohol by weight was 0.10% or greater. 2 The minimum sentence which the lower court imposed was based on the court’s…