Commonwealth v. Kimmel

OPINION BY

SHOGAN, J.:

Appellant, Lee Allen Kimmel, appeals from the judgment of sentence entered on December 18, 2012, in the Cumberland County Court of Common Pleas. Appellant claims that his convictions for driving under the influence of alcohol and fleeing or attempting to elude a police officer should merge for sentencing purposes. After careful review, we conclude that Appellant’s convictions arose from separate criminal acts. Therefore, the convictions do not merge for sentencing. Accordingly, we affirm.

The factual background and procedural history of this case are as follows. At…