Commonwealth v. Mongiovi

BROSKY, Judge:

This is an appeal from the judgment of sentence imposed following a jury trial in which appellant was found guilty of driving a motor vehicle with a blood alcohol count of .10% or greater.

Appellant raises for our consideration but one issue: whether the evidence was insufficient to support the jury verdict and whether the trial court erred in refusing to dismiss the criminal complaint brought pursuant to 75 Pa.C. S.A. § 3731(a)(4) at the close of the Commonwealth’s case, in the absence of evidence proving beyond a reasonable doubt that appellant’s blood alcohol content, at the…