HomeMy WebLinkAboutCP-21-CR-1979-2004
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DORIS JEAN LYNCH
NO. CP-21-CRIMINAL 1979 - 2004
IN RE: OPINION PURSUANT TO Pa. RA.P. 1925
Guido, J., May
, 2005
A bench trial was held before us on February 8, 2005. Based upon stipulated
facts we found the defendant guilty of violating Sections 3802(a) (1) and 3802(c) of the
Vehicle Code. 1 On March 29,2005 the mandatory minimum fine and imprisonment
were imposed. Defendant has filed a timely appeal from our order of sentence. Her only
contention on appeal is "that 75 Pa. C.S. S 3802 (c) (highest rate) has been drafted and
enacted in a manner that punishes conduct that may be lawful and, therefore, violates the
Constitution of the Commonwealth ofPennsylvania.,,2 This issue was not raised before
us. Therefore, we are not in a position to address it in this opinion.
DATE
Edward E. Guido, J.
John C. Dailey, Esquire
For the Commonwealth
H. Anthony Adams, Esquire
F or the Defendant
:sld
1 75 Pa. C.S.A. 3802 (a)(I) and 3802 (c).
2 See Concise Statement of Matters Complained of on Appeal.