Commonwealth v. Hatcher

CERCONE, Judge:

Appellant was convicted of driving under the influence of alcohol (DUI). In this appeal from the judgment of sentence entered against appellant he raises the following issue: 1 whether the Commonwealth violated Pa.R.Crim.P. 130(d) 2 when it failed to establish a prima facie case against appellant at his preliminary hearing and subsequently refiled the charges, the filing of which was beyond the five day limit of Rule 130(d).

On September 8, 1983 appellant was arrested without a warrant for driving under the influence of alcohol; appellant was released from custody. A criminal…