Com. v. Hugaboom, T., 1569 MDA 2016

Appellant Todd A. Hugaboom pled guilty to DUI — highest rate of alcohol (75 Pa.C.S. §3802(c)) on May 2, 2016; this was his fourth lifetime DUI and third within ten years.
At sentencing (June 27–29, 2016) the trial court concluded Hugaboom was ineligible for county intermediate punishment (CIP) under 42 Pa.C.S. §9804(b)(5).
The court imposed a term of 12 to 60 months’ imprisonment, within the Sentencing Guidelines’ standard range.
Appellant filed a post-sentence motion seeking CIP consideration (claiming need for alcohol treatment), which was denied; he timely appealed.
Central legal dispute: whether §9804(b)(5) bars CIP when the current conviction is a defendant’s fourth lifetime DUI, even if one or more prior DUIs fall outside the ten-year look-back in 75 Pa.C.S. §3806(b).

Issue	Appellant's Argument	Trial/Commonwealth's Argument	Held
Whether §9804(b)(5) precludes CIP for a defendant with four lifetime DUIs even when earlier DUIs fall outside the 10-year look-back	§9804(b)(5) should be read in conjunction with §3806(b)’s 10-year look-back, so only prior offenses within 10 years count; Hugaboom’s earliest DUI is >10 years old, making this effectively a third offense and CIP-eligible	Plain language of §9804(b)(5) bars CIP for a fourth lifetime DUI regardless of §3806(b)’s timing; §9804(b)(5) contains no 10-year limitation	Court affirmed: §9804(b)(5) bars CIP for fourth lifetime DUI; trial court did not err

Commonwealth v. Zirkle, 107 A.3d 127 (Pa. Super. 2014) (standard for abuse of discretion in sentencing)
Commonwealth v. Glass, 50 A.3d 720 (Pa. Super. 2012) (what constitutes a substantial question for appellate review of sentencing)
Commonwealth v. Popielarcheck, 151 A.3d 1088 (Pa. Super. 2016) (application of §3806(b) timing rules for DUI-related provisions)
Commonwealth v. Antidormi, 84 A.3d 736 (Pa. Super. 2014) (presumption that sentencing court considered PSI and relevant information)