M.D. Appeal Dkt.
68 MAP 2018
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 315 MAL 2018
:
Respondent :
: Petition for Allowance of Appeal from
: the Order of the Superior Court
v. :
:
:
MICHAEL A. MOCK, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 5th day of December, 2018, the Petition for Allowance of Appeal
is GRANTED. The issue, rephrased for clarity, is:
Did the Superior Court erroneously interpret 75 Pa.C.S. §
3806 as providing that an offender who commits a prior driving
under the influence (“DUI”) offense more than ten years
before his commission of a present DUI offense, but is
convicted of the prior DUI offense within ten years of his
commission of his present DUI offense, has a “prior offense”
for purposes of the grading of, and/or sentencing on, the
present DUI offense?