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COMMONWEALTH v. KIMMEL

No. 140 Criminal 1987.

45 Pa. D. & C. 3d 729 (1987)

Commonwealth v. Kimmel

Common Pleas Court of Cumberland County, Pennsylvania.

August 6, 1987.

Attorney(s) appearing for the Case

Albert H. Masland, assistant district attorney, for the commonwealth.

Debra Wallet, for defendant.

BAYLEY, J., August 6, 1987.

On May 4, 1987, defendant pleaded guilty to a count of driving under the influence.1 The commonwealth notified defendant that it considered his plea to be to a second offense. Defendant took the position that his plea was to a first offense. A determination of that issue was deferred to the date of sentencing.

When defendant appeared for sentencing on July 21, 1987, we determined that his plea...

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