Commonwealth v. Mincone

CAVANAUGH, Judge:

The issue in this case is whether the court below erred in refusing to grant credit to appellant, Leonard Mincone, for time voluntarily spent in an alcohol treatment program at a rehabilitation center. The court below held that this did not constitute “imprisonment” under the sentencing provisions for driving under the influence as set forth in 75 Pa.C.S. § 373l(e)(l)(ii). 1

The appellant, Leonard Mincone, was involved in a three-vehicle accident on April 17, 1988. He was subsequently charged with driving under the influence of alcohol under 75 Pa.C.S. § 3731(a)(1).

A pre-trial…