Commonwealth v. Crum

TAMILIA, Judge:

This is an appeal from judgment of sentence entered following a jury trial wherein appellant was convicted of driving under the influence. 1 Appellant, a first time offender, was sentenced to five (5) days to twenty three (23) months imprisonment.

On May 2,1985, at approximately 2:25 a.m., State Trooper Richard Kuny observed appellant’s vehicle parked along the berm of Pa. Route 26 in Huntingdon County. (N.T., 11/4/85, pp. 10, 11). Trooper Kuny found appellant slumped across the front seat of the car, with the motor running and the lights on. (N.T., 11/4/85, p. 11). Trooper Kuny…