Commonwealth v. Proctor

HESTER, Judge:

David Keith Proctor appeals from the judgment of sentence of thirty days to twenty-three months imprisonment imposed after he was found guilty at a jury trial of driving while under the influence of alcohol, incapable of safe driving and driving while under the influence of alcohol with a blood alcohol content of .10% or greater. We conclude that appellant’s conviction of driving with a blood alcohol content of .10% or greater cannot be sustained due to a lack of relation-back testimony. However, we conclude that his conviction of driving while under the influence of alcohol,…