Commonwealth v. Miller

¶ 1 This is an appeal from the judgment of sentence entered following the denial of Appellant’s motion to withdraw his plea of nolo contendere to a charge of driving under the influence of alcohol (DUI). 1 Appellant was sentenced to serve from one to five years in a state correctional institution and to pay a fine of $450.00. In this appeal, he contends that he should have been permitted to withdraw his plea. We agree and, accordingly, vacate the judgment of sentence and remand the case for trial.

¶ 2 According to the affidavit of probable cause filed with the criminal complaint in this case,…