A blog of the Philadelphia Bar Association’s Criminal Justice Section

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By Burt Rose

Click for Opinion

Com. v. Kimmel, 2014 WL 4258819 (August 29, 2014):

This was an appeal from a judgment of sentence of the court of common pleas of Cumberland County. The judges were Allen, Lazarus and Fitzgerald. Judge Fitzgerald wrote the opinion. Judge Allen dissented.

The appellant was convicted of fleeing or attempting to elude a police officer, a felony of the third degree, and driving while under the influence of alcohol. For the felony, the Court sentenced the appellant to a term of eight months to two years, while for the DUI, the sentence was a consecutive term of 14 months to four years in prison.

On appeal, the appellant argued that these sentences should have merged. The panel agreed and ruled that DUI should have merged with fleeing F3. Therefore the case was remanded for resentencing.

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