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Commonwealth v. Derr

1/15/2004

A.2d 843, 846 (2001) (internal citations omitted)).


11 We find Appellant's argument without merit because 18 Pa.C.S.A. § 6301(a) is not ambiguous. A violation of 18 Pa.C.S.A. § 6301(a) without committing another crime is a first-degree misdemeanor. A violation of 18 Pa.C.S.A. § 6301(a) in conjunction with the commission of any other criminal offense is a third-degree felony. As previously stated, driving under the influence of alcohol is a criminal offense. Thus, there was sufficient evidence to convict Appellant of the felony version of 18 Pa.C.S.A. § 6301(a).


12 We find that sufficient evidence existed to find Appellant guilty of 18 Pa.C.S.A. § 6301(a)(1).


13 Judgment of sentence affirmed.






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