Commonwealth v. Fuqua

SPAETH, Judge:

Appellant was tried by a judge sitting without a jury and was convicted of driving while under the influence of alcohol. 1 No post-verdict motions were filed 2 and appellant was sentenced to probation for one year and directed to make restitution. On this appeal appellant argues that the order of restitution was improper.

The evidence was to the following effect. In the early morning of October 15, 1977, appellant lost control of the automobile he was driving 3 with the result that it went off the road and struck the front of a house owned by Elvira Powell. Ms. Powell testified…