Commonwealth v. Doleno

HESTER, Judge:

Harry G. Doleno appeals from the January 30, 1992 judgment of sentence1 of the Court of Common Pleas of Allegheny County. After his hearing, appellant was found guilty and fined $12,460.00 plus costs. For the reasons set forth, we are constrained to vacate the judgment of sentence and discharge appellant.

The procedural history of this case may be summarized as follows. On November 8, 1989, Bethel Park Police Officer Robert D. Gary, Jr. cited appellant for driving a vehicle over the restricted weight or size limit in violation of The Pennsylvania Motor Vehicle Code, 75 Pa.C.S. §…