Commonwealth v. Alston

HOFFMAN, Judge:

This is an appeal from a judgment of sentence for driving under the influence of alcohol, which was entered following appellee’s guilty plea. Appellant, the Commonwealth, contends that the trial court erred in refusing to consider appellee’s prior acceptance of Accelerated Rehabilitative Disposition (ARD) for an unrelated driving under the influence offense, a prior conviction as prescribed by 75 Pa.C.S.A. § 3731(e)(2). Although we agree with the Commonwealth that appellee should not have been sentenced as a first offender, we also find that appellee’s guilty plea was not…