Commonwealth v. Karns

OPINION BY

DONOHUE, J.:

Charles Earns (“Earns”) appeals from the judgment of sentence entered on February 15, 2011, by the Court of Common Pleas, Bedford County, following his convictions of two counts of Driving Under the Influence (“DUI”) — general impairment and DUI — highest rate of alcohol.1 After careful review, we vacate the judgment of sentence for DUI — highest rate of alcohol and remand for resentencing.

The events giving rise to this appeal began on the evening of April 9, 2009. That night, Officer Patterson of the Bed-ford Borough Police Department was on general patrol during the…