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HomeMy WebLinkAboutCP-21-CR-1741-2008 COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CP-21-CR-1741-2008 V. : : CHARGE: 1. DRIVING UNDER THE ND : INFLUENCE, GENERAL IMPAIRMENT (2) : 2. DRIVING UNDER THE INFLUENCE, ND : HIGH RATE OF ALCOHOL (2) : JAMIE LEE REGIS : OTN: L401022-6 : AFFIANT: PTL. MATTHEW KENNEDY IN RE: OPINION PURSUANT TO PA. R.A.P. 1925 Ebert, J., July 1, 2009 – Defendant Jamie Lee Regis was charged with Driving Under the Influence in violation of 75 Pa.C.S. Section 3802 (a)(1) and 3802 (b), second offense. On February 17, 2009, following a bench trial, she was found guilty as charged. On May 26, 2009, the Defendant was sentenced on Count 2 to pay the costs of prosecution, the mandatory $750 fine, CAT Fund surcharge of $100, Emergency Relief Fund fine of $10 and that she undergo imprisonment in the Cumberland County Prison for 30 days – 6 months. Count 1 merged with Count 2 for sentencing purposes. The Defendant filed a direct appeal from the judgment of sentence to the Superior Court of Pennsylvania. In a concise statement of matters complained of on appeal, the Defendant alleges that the Court improperly refused to suppress evidence. The omnibus pre-trial motion to suppress was heard before the Honorable Edward E. Guido. His opinion filed June 30, 2009, regarding that issue is incorporated herein. The incorporated opinion addresses the issue raised in the within appeal from the judgment of sentence. By the Court, M. L. Ebert, Jr., J. Office of the District Attorney Timothy L. Clawges, Esquire For the Defendant bas