Commonwealth v. Colon

FORD ELLIOTT, Judge:

On October 2, 1996, appellant entered a plea of nolo contendere to one count of driving under the influence, 75 Pa.C.S.A. § 3731(a)(1), in exchange for which the Commonwealth agreed to a sentence of 23 months *1280of intermediate punishment. The agreement provided for 30 days of partial confinement in the Adams County Prison, followed by 90 days of house arrest, with restitution to be determined by the court at the time of sentencing. (R. at 33-34.)

At sentencing on January 24, 1997, the court relied upon the recently enacted mandatory restitution section of the Sentencing Code…