Commonwealth v. Yingling

SPICER, P.J.,

— Defendant was involved in an accident at approximately 10:30 p.m. on April 19, 1985, which resulted in the death of Scott Kennedy. He was charged with two counts of driving under the influence, 75 Pa.C.S. §3731; homicide by vehicle while driving under the influence, 75 Pa.C.S. §3735; and involuntary manslaughter, 18 Pa.C.S. §2504. A jury found him guilty of all charges and post-verdict motions followed. He is subject to a mandatory sentence of at least three years under section 3735.

Facts established at trial are as follows: Prior to the accident, defendant, decedent, and…