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LARRY W. ODEN v. COMMONWEALTH PENNSYLVANIA (11/30/84)

decided: November 30, 1984.

LARRY W. ODEN, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lancaster County in the case of Commonwealth of Pennsylvania v. Larry W. Oden, Trust Book 47, Page 93.

COUNSEL

Robert David Bacher, for appellant.

Thomas J. Hines, Assistant Counsel, with him, Harold H. Cramer, Assistant Counsel, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Judges MacPhail, Barry and Colins, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 86 Pa. Commw. Page 216]

This appeal results from an order of the Court of Common Pleas of Lancaster County which affirmed the revocation of the operator's license of Larry Oden (appellant) by the Pennsylvania Department of Transportation (DOT).

On July 4, 1980, appellant was charged with robbery under Section 3701 of the Pennsylvania Crimes Code (Crimes Code), 18 Pa. C.S. § 3701. On May 29, 1981, he pled guilty to this charge and was convicted. The Clerk of Courts of Lancaster County certified this conviction to DOT and, on the record, noted "vehicle involved." On July 9, 1981, DOT, by letter, informed appellant that because of this conviction, his license had been suspended under Section 1532(a) of the Vehicle Code (Code), 75 Pa. C.S. § 1532(a).

Appellant subsequently sought review before the trial court. DOT offered into evidence the certified

[ 86 Pa. Commw. Page 217]

    record from the Clerk of Courts of Lancaster County which indicated that appellant had pled guilty to robbery in which a vehicle was involved. Appellant argued that he had not been informed when he pled guilty that his operator's license would be revoked for one year and, therefore, the revocation was improper. The trial court rejected this argument, denied the appeal, affirmed the suspension, and this appeal ensued.

Our scope of review of a decision by a court of common pleas in a license suspension case is limited to determining whether the findings of that court are supported by competent evidence, whether an erroneous conclusion of law has been made or whether the decision of the common pleas court demonstrates a manifest abuse of discretion. Waigand v. Commonwealth, 68 Pa. Commonwealth Ct. 541, 449 A.2d 862 (1982).

Section 1532 of the Code provides:

(a) Revocation. -- The department shall revoke the operating privilege of any driver for one year upon reviewing a certified record of the driver's ...


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