Commonwealth v. Giron

OPINION BY

OLSON, J.:

Appellant, Mario Giron, appeals from the judgment of sentence entered on April 15, 2016. In this case, we hold that, pursuant to Birchfield v. North Dakota, — U.S.—, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016),1 a defendant who refuses to provide a blood sample when requested by police is not subject to the enhanced penalties pro*637vided in 75 Pa.C.S.A. §§ 3803-3804. As Appellant was subjected to the enhanced penalties provided by sections 3803 and 3804 for refusing to provide a blood sample, his sentence was illegal and although we affirm his convictions, we are constrained to…