Commonwealth v. Bowers

OPINION BY

LAZARUS, J.:

The Commonwealth appeals from the judgment of sentence imposed in the Court of Common Pleas of Berks County, after appellee, Jamar R. Bowers (“Bowers”), pled guilty to driving under the influence of alcohol (“DUI”) and maximum speed limits. 1 Because the trial court illegally sentenced Bowers as a first-time DUI offender in direct contravention of 75 Pa. C.S.A. § 3806(b) and binding precedent, we vacate Bowers’s judgment of sentence and remand for resentencing.

On September 5, 2008, the Commonwealth charged Bowers with two counts of DUI and the summary offense of careless…