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Commonwealth v. Arest5/27/1998
12 Pa. 334, 339, 516 A.2d 1172, 1175 (1986) (citing 1 Pa.C.S. § 1903(a) (Supp.1986)).@ Commonwealth v. DiMauro, 642 A.2d 507 (Pa. Super. 1994). We find that section 9763(c) clearly mandates drug and alcohol treatment whenever a defendant convicted of driving under the influence is sentenced to house arrest or electronic surveillance. Consequently, appellee's sentence for driving under the influence, house arrest without drug and alcohol treatment, was improper. Thus, we vacate the judgment of sentence so that appellant may be sentenced in accordance with section 9763.
Judgment of sentence vacated, case remanded for re-sentencing, jurisdiction relinquished.
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