Opinion
No. 156 MAL 2008.
September 18, 2008.
Petition No. 156 MAL 2008 for Allowance of Appeal from the Order of the Superior Court.
Prior report: 951 A.2d 1210.
ORDER
AND NOW, this 18th day of September 2008, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:
Whether Petitioner's first DUI offense, which occurred less than two hours before a subsequent DUI offense, qualifies as a "prior offense" under 75 PA.C.S. § 3806 for purposes of sentencing, even though Petitioner had not been convicted of the first DUI offense at the time the subsequent DUI offense was committed.