HomeMy WebLinkAbout00-2144 criminalCOMMONWEALTH IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 00-2144 CRIMINAL TERM
CHARGE: DUI
ROBERT THRUSH
IN RE: MOTION TO MODIFY SENTENCE
Before HOFFER, P.J.
OPINION AND ORDER
In the above case, the defendant had been sentenced on a count of
driving under the influence. The sentence, in turn, was for something other
than a first offense. As required by Act 63 of 2000, the sentencing order
contained the following provision:
An approved ignition interlock device shall be
installed on each motor vehicle owned by the
Defendant prior to the restoration of the
Defendant's operating privileges by the
Department of Transportation.
The defendant filed a post-sentence motion to modify the sentence by
deleting this provision. For the reasons set forth in Com. v. Mockaitis, (00-
1692 Criminal Term, Opinion filed February 12, 2001), we conclude that
Act 63 of 2000 is unconstitutional.
ORDER OF COURT
AND NOW, May 2, 2001, the motion of the defendant for partial
post-sentence relief is GRANTED. That portion of the sentencing order
providing that "an approved ignition interlock device shall be installed on
each motor vehicle owned by the Defendant prior to the restoration of the
Defendant's operating privileges by the Department of Transportation" is
VACATED.
By the Court,
Jonathan R. Birbeck, Esquire
Chief Deputy District Attorney
Jessica Becker, Esquire
Assistant Public Defender