Commonwealth v. Conahan

HESTER Judge:

This is an appeal by the Commonwealth from the judg-ment of sentence of thirty days to one year imprisonment for a second conviction for driving under the influence, entered by the Court of Common Pleas of Delaware County on November 7, 1988. The Commonwealth does not appeal *371the actual sentence imposed, which is the statutorily mandated minimum sentence,1 but asserts that the trial court erroneously credited appellee, John Conahan, with time served in an inpatient alcohol treatment program, and granted him immediate parole. The Commonwealth contends that this negates the…