Commonwealth v. Trial

DEL SOLE, Judge:

Appellant takes this appeal from the mandatory sentence imposed after he was convicted in a non-jury trial of Driving Under the Influence. At question is whether the Commonwealth was able to establish the first requirement of the statute that Appellant was a person who was driving, operating “or in actual physical control of the movement of any vehicle.” 75 Pa.C.S.A. § 3731(a). After determining that the facts support the court’s finding of guilt and that no legal error was committed, we affirm the Judgment of Sentence.

At trial the Commonwealth established that a police…