Commonwealth v. Kimmel

OPINION OF THE COURT

PAPADAKOS, Justice.

Appellant appeals from a judgment of sentence, affirmed by the Superior Court, 377 Pa.Super. 653, 541 A.2d 1152, on the grounds that the trial court erred in applying the mandatory minimum sentence for a second offense committed within seven years of a prior conviction as provided by the language of the Vehicle Code. We granted review in order to examine for the first time a recurring problem of statutory interpretation which already has been addressed below by the Superior Court in Commonwealth v. Kearns, 365 Pa.Superior Ct. 13, 528 A.2d 992 (1987);…