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COM. v. KRISTON

390 Pa.Super. 543 (1990)

568 A.2d 1306

COMMONWEALTH of Pennsylvania, Appellee, v. William J. KRISTON, Jr., Appellant.

Supreme Court of Pennsylvania.

Filed January 24, 1990.

Attorney(s) appearing for the Case

Albert M. Sardella, West Chester, for appellant.

James P. MacElree, II, Dist. Atty., West Chester, for Com., appellee.

Stuart B. Suss, Asst. Dist. Atty., West Chester, for Com., appellee.

Leonard Sosnov, Philadelphia, amicus curiae.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, ROWLEY, MONTEMURO, BECK, TAMILIA, POPOVICH and JOHNSON, JJ.

CAVANAUGH, Judge:

The issue in this case is whether the appellant, William J. Kriston, Jr., was undergoing "imprisonment" within the meaning of 75 Pa.C.S. § 3731(e) when he participated in Chester County's electronic home monitoring program.1

In February, 1987, the appellant was charged with his second offense of driving under the influence of alcohol in violation of 75 Pa.C.S. § 3731, to which he entered a guilty plea...

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