Commonwealth v. Perkins

OLSZEWSKI, Judge:

This is an appeal from a judgment of sentence imposed after appellant pleaded guilty to driving under the influence (DUI). Appellant claims that the trial court erred in determining that the Commonwealth proved by a preponderance of the evidence that appellant had a prior DUI conviction in New York equivalent to the Pennsylvania charge of DUI. We agree and remand for a hearing consistent with this opinion.

On January 9, 1987, as a result of a one-car accident that occurred on January 6, 1987, appellant was charged with driving under the influence, 75 Pa.C.S.A. § 3731(a)(1),…