IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 406 MAL 2021 : Petitioner : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : STEVEN LEONARD VERBECK, : : Respondent :

ORDER

PER CURIAM AND NOW, this 4th day of January, 2022, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner is:

Whether the Superior Court erred in holding for DUI sentencing purposes that the Defendant’s conviction was a first offense in ten years as opposed to a second offense in ten years based upon the defective holding in Commonwealth v. Chichkin, 232 A.3d 959 (Pa. Super. 2020) that acceptance of ARD could not be treated as a prior conviction?

Justice Brobson did not participate in the consideration or decision of this matter.