COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL A. MOCK, Petitioner
No. 315 MAL 2018
IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
December 5, 2018
Petition for Allowance of Appeal from the Order of the Superior Court; M.D. Appeal Dkt. 68 MAP 2018
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?