HomeMy WebLinkAboutCP-21-CR-0872-2005
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CP-2l-CR-0872-2005
CHARGES: (1) DUI, GENERAL IMPAIRMENT
(3RD OR SUBSEQUENT
OVERALL 3RD OR
SUBSEQUENT MANDATORY)
(2) DUI, HIGHEST RATE (.16%+),
3RD OR SUBSEQUENT
OVERALL, 3RD OR
SUBSEQUENT MANDATORY
(3) UNLAWFUL POSSESSION OF
DRUG PARAPHERNALIA
(4) UNLAWFUL POSSESSION OF
SMALL AMT. MARIJUANA
DAVID S. OTTEN
OTN: L211546-6
AFFIANT: PTL. PAULA MULLEN
IN RE: OPINION PURSUANT TO P A. R.A.P. 1925
OLER, 1., May 24, 2006.
As a result of an incident occurring on October 16, 2004, Defendant was
found guilty following a bench trial before the undersigned judge of Driving under
the Influence in the form of Driving after Imbibing, General Impairment, and in
the form of Driving after Imbibing, Highest Rate.l This was a fourth offense
overall and a third offense for mandatory sentencing purposes.2
Defendant was sentenced on February 21,2006, to the mandatory minimum
sentence applicable to the more serious form of the offense-a fine of $2,500.00
and a period of imprisonment of not less than one year nor more than two years.3
1 Order of Court, January 5, 2006. He was found not guilty of Unlawful Possession of Drug
Paraphernalia. Id.
2 Order of Court, February 21,2006.
3 Order of Court, February 21,2006.
Bail was set in an amount he indicated he could meet, pending disposition of his
anticipated appeal. 4
Defendant has filed an appeal (from the judgment of sentence) to the
Pennsylvania Superior Court. 5 The sole issue on appeal has been expressed in a
statement of matters complained of on appeal as follows:
Whether the trial court erred in denying the Appellant's
01llllibus Pre- Trial Motion seeking the suppression of
evidence. 6
This opinion in support of the judgment of sentence is written pursuant of
Pennsylvania Rule of Appellate Procedure 1925(a).
DISCUSSION
Defendant's suppression motion was denied by an order issued by the
Honorable Edward E. Guido of this court on September 12, 2005. The rationale
for the order was set forth in an opinion by Judge Guido issued on May 23, 2006.
Judge Guido's opinion is incorporated herein by reference in support of the
judgment of sentence.
BY THE COURT,
1. Wesley Oler, Jr., 1.
Jaime Keating, Esq.
First Assistant District Attorney
Dean E. Reynosa, Esq.
Senior Assistant Public Defender
4 Order of Court, February 21,2006.
5 Defendant's Notice of Appeal, filed March 16,2006.
6 Defendant's Concise Statement of Matters Complained of on Appeal, filed March 27,2006.