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Vo
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1235 CRIMINAL TERM
CHARGE: (2) OPERATION OF
VEHICLE WITHOUT
OFFICIAL
CERTIFICATE OF
INSPECTION
(SUMMARY)
(4) DRIVING UNDER THE
INFLUENCE
AFFIANT' PTL. TIMOTHY HUTCHESON
OTN' L057320-4
JOSEPH C. BENDER
00-1308 CRIMINAL TERM
CHARGE: DRIVING UNDER THE
INFLUENCE
AFFIANT: PTL. ROBERT RESSLER
OTN: L056151-4
IN RE' MOTION OF DEFENDANT FOR PARTIAL POST-SENTENCE RELIEF
BEFORE GUIDO~ J.
ORDER OF COURT
AND NOW, this 14th day of February, 2001, IT IS ORDERED'
(1) The motion of Defendant for partial post-sentence relief, IS GRANTED.
(2) The provision in the sentence of December 5, 2000, providing that "an approved
ignition interlock device shall be installed on each motor vehicle owned by the Defendant
effective upon the restoration of Defendant's operating privileges by the Department" IS
VACATED.
(3) All other provisions of the sentence of December 5, 2000 shall remain in full force
and sffect.
By the
Edward E. Guido, J.
Office of the District Attorney
Office of the Public Defender
Probation
COMMONWEALTH
Vo
JOSEPH C. BENDER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-1235 CRIMINAL TERM
CHARGE' (2) OPERATION OF
VEHICLE WITHOUT
OFFICIAL
CERTIFICATE OF
INSPECTION
(SUMMARY)
(4) DRIVING UNDER THE
INFLUENCE
AFFIANT: PTL. TIMOTHY HUTCHESON
OTN' L057320-4
00-1308 CRIMINAL TERM
CHARGE: DRIVING UNDER THE
INFLUENCE
AFFIANT: PTL. ROBERT RESSLER
OTN: L056151-4
IN RE' MOTION OF DEFENDANT FOR PARTIAL POST-SENTENCE RELIEF
BEFORE GUIDO~ J.
OPINION and ORDER OF COURT
Guido, J., February 14, 2001.
On August 22, 2000, Defendant, Ronald Wayne Miller, Jr., entered a plea of guilty to a
count of driving under the influence in violation of the Vehicle Code at 75 Pa.C.S.
{}373 l(a)(1)(4)(ii). It was Defendant's second offense overall and first offense for mandatory
sentencing purposes. On December 5, 2000, Defendant was sentenced to pay the costs of
prosecution, a fine of $310.00, a $50.00 CAT Fund surcharge, a $10.00 Emergency Medical
Services fund assessment, and undergo imprisonment in the Cumberland County Prison for a
period of not less than forty-eight hours nor more than twelve months.~ As required by Act 63 of
2000, the sentencing order contained the following provision:
The minimum term of thirty days imprisonment was mandated by the Vehicle Code at 75
Pa.C.S. {}3731 (e)(1)(ii).
an approved ignition interlock device shall be installed on each motor vehicle
owned by the Defendant effective upon the restoration of Defendant's operating
privileges by the Department.
On December 15, 2000, pursuant to Pa.R.Crim. 1410(B)(1)(a)(v), Defendant filed a
timely post-sentence motion to modify his sentence by deleting this provision.2 He maintains
that Act 63 of 2000 is unconstitutional.
For the reasons set forth in Commonwealth v. Mockaitis, (00-1692 Criminal Term,
opinion filed February 12, 2001); a copy of which is attached hereto, we conclude that Act 63 of
2000 is unconstitutional. Accordingly, the following order is entered.
ORDER OF COURT
AND NOW, this 14th day of February, 2001, IT IS ORDERED:
(1) The motion of Defendant for partial post-sentence relief, IS GRANTED.
(2) The provision in the sentence of December 5, 2000, providing that "an approved
ignition interlock device shall be installed on each motor vehicle oWned by the Defendant
effective upon the restoration of Defendant's operating privileges by the Department" IS
VACATED.
(3) All other provisions of the sentence of December 5, 2000 shall remain in full force
and effect.
By the
Edward E. Guido, J.
Office of the District Attorney
Office of the Public Defender
Probation
2 Defendant does not challenge the other provisions of the sentencing order.