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COM. v. LYONS

395 Pa.Super. 184 (1990)

576 A.2d 1105

COMMONWEALTH of Pennsylvania v. David W. LYONS, Appellant.

Supreme Court of Pennsylvania.

Filed July 3, 1990.

Attorney(s) appearing for the Case

John B. Mancke, Harrisburg, for appellant.

Julia A.F. Merl, Asst. Dist. Atty., Harrisburg, for Com.

Before CIRILLO, Presiding Judge, and CAVANAUGH, ROWLEY, WIEAND, OLSZEWSKI, DEL SOLE, TAMILIA, JOHNSON and HUDOCK, JJ.

PER CURIAM:

This appeal presents the Court with an issue of first impression, namely, whether a second offense of driving while operating privileges are under suspension, which is punishable by not more than six months imprisonment, pursuant to 75 Pa.C.S. § 6503, is intended by the legislature to be a summary offense or a misdemeanor. Our analysis of the pertinent statutory provisions leads us to find that a second violation of 75 Pa.C.S. § 1543(a) is a...

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