Commonwealth v. Wise

OPINION BY

FORD ELLIOTT, J.:

¶ 1 Following a bench trial on February 12, 2003, Harold Wise, appellant, was found guilty of driving under the Influence. 75 Pa.C.S.A. § 3731. Thereafter, the Honorable H. Terry Grimes sentenced appellant to a term of imprisonment for 15 days to 1 year, plus fines and costs. We vacate the judgment of sentence and remand for resentencing.

¶ 2 At sentencing, appellant relied upon the sentencing guidelines for the offense and waived a pre-sentence report. The sentencing court was made aware that appellant has no prior criminal record and had no prior DUI record within…