HomeMy WebLinkAbout01-2203 CRIMINAL COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW C. BOOKS
OTN: L099009-1
NO. 01-2203 CRIMINAL TERM
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
Oler, J., November 20, 2002.
IN this criminal case, Defendant was charged with driving under the
influence~ and driving on roadways laned for traffic2 as the result of an incident
occurring on Thursday, August 23, 2001.3 Defendant filed an omnibus pretrial
motion to suppress on the basis of an allegedly unlawful traffic stop.4 The motion
was denied following a hearing by the Honorable Kevin A. Hess of this court, on
February 15, 2002.s
Following a bench trial before the writer of this opinion, Defendant was
found guilty of driving under the influence and not guilty of the summary offense.6
Defendant was sentenced on September 24, 2002, to the mandatory minimum
sentence applicable to a first offense of driving under the influence]
From the judgment of sentence, Defendant filed a direct appeal to the
Pennsylvania Superior Court on October 8, 2002.8 According to a statement of
~ Act of June 17, 1976, P.L. 162, §1, as amended, 75 Pa. C.S. §3731(a)(1), (4i) (2002 Supp.).
2 75 Pa. C.S. §3309(1).
3 N.T. 6-16, Trial, August 5, 2002 (hereinafter N.T. __, Trial); Information, filed December 12,
2001.
4 Defendant's Omnibus Pre-trial Motion, filed January 17, 2002.
5 Order of Court, February 15, 2002 (Hess, J.). A motion for reconsideration was denied
following argument by Judge Hess on March 27, 2002. Order of Court, March 27, 2002 (Hess,
J.).
6 N.T. 32, Trial.
7 N.T. 3, Sentencing Hearing, September 24, 2002.
8 Defendant's Notice of Appeal, filed October 8, 2002.
matters complained of on appeal, the sole issue being pursued by Defendant is the
correctness of the court's suppression ruling.9
The rationale for the court's ruling on Defendant's suppression motion has
been provided in an opinion dated November 19, 2002, by Judge Hess. That
opinion is incorporated herein by reference in support of the judgment of sentence.
BY THE COURT,
Michael W. Mervine, Esq.
Assistant District Attorney
Taylor P. Andrews, Esq.
Office of the Public Defender
J. Wesley Oler, Jr., J.
9 Defendant's Concise Statement of Matters Complained of on Appeal, filed October 16, 2002.
2