Commonwealth v. Infante

OPINION BY

GANTMAN, J.:

Appellant, Pablo Infante, appeals from the order entered in the Philadelphia County Court of Common Pleas, denying his petition for a writ of certiorari, following the second revocation of his probation and re-sentencing in Municipal Court. We reverse the order denying Appellant’s petition for writ of certiorari, vacate the sentence imposed following probation revocation and remand for re-sentencing.

The relevant facts and procedural history of this appeal are as follows.

On February 26, 2008, [Appellant] was arrested in Philadelphia for suspicion of driving under the…