Supreme Court of Pennsylvania, 2018

Commonwealth v. Mock, M.

Commonwealth v. Mock, M.
Supreme Court of Pennsylvania · Decided December 5, 2018 · Per Curiam
198 A.3d 1049 (Atlantic Reporter, Third Series)

Commonwealth v. Mock, M.

Opinion

PER CURIAM .

AND NOW, this 5th day of December, 2018, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Did the Superior Court erroneously interpret 75 Pa.C.S. § 3806 as providing that an offender who commits a prior driving under the influence ("DUI") offense more than ten years before his commission of a present DUI offense, but is convicted of the prior DUI offense within ten years of his commission of his present DUI offense, has a "prior offense" for purposes of the grading of, and/or sentencing on, the present DUI offense?

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