No. 433 PITTSBURGH, 1980, Appeal from the Order of the Court of Common Pleas, Criminal Division, of Erie County, No. 185 of 1980.
Terrence P. Cavanaugh, Erie, for appellant.
Timothy J. Lucas, Assistant District Attorney, Erie, for Commonwealth, appellee.
Wickersham, Wieand and Beck, JJ. Wieand, J., files a concurring opinion. Wickersham, J., files a dissenting statement.
[ 303 Pa. Super. Page 47]
This is an appeal from an order of the court below dismissing appellant's Motion to Quash the Indictment. Appellant premised his Motion to Quash upon a double jeopardy claim.
There are two charges of the Pennsylvania Vehicle Code, Title 75, involved in this appeal: 75 Pa.C.S.A. § 3731(a)(1) (driving under the influence of alcohol) and 75 Pa.C.S.A. § 3714 (reckless driving). Both charges arose from the same incident where appellant's vehicle struck a parked car. The criminal complaint for Section 3714 was issued at the time of the incident; Section 3731 was charged the following day.
[ 303 Pa. Super. Page 48]
Appellant was permitted to plead guilty to Section 3714, and he asserts that such a conviction bars subsequent prosecution under Section 3731. He premises his argument upon 18 Pa.C.S.A. § 110 which states in relevant part:
Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:
(1) The former prosecution resulted in an acquittal or in a conviction as defined in section 109 of this title . . . and the subsequent prosecution is for:
(ii) any offense based on the same conduct or arising from the same criminal episode, if such offense was known to the appropriate prosecuting officer at the time of the commencement of the first trial and within the jurisdiction of a single court unless the court ordered a separate trial of the charge of such offense . . . .
In evaluating appellant's case in the context of the above provisions, it should first be noted that under 18 Pa.C.S.A. § 109, a plea of guilty is a conviction. It is also clear that both charges resulted from the same episode. Both ...