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COMMONWEALTH PENNSYLVANIA v. DANIEL S. ROSKO (05/08/86)

filed: May 8, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
DANIEL S. ROSKO, APPELLANT



Appeal from the Judgment of Sentence entered June 20, 1985, Court of Common Pleas, Lehigh County, Criminal Division at No. 629, 1983.

COUNSEL

W. Hamlin Neely, Allentown, for appellant.

John J. Waldron, Assistant District Attorney, Allentown, for Com., appellee.

Wickersham, McEwen and Johnson, JJ.

Author: Johnson

[ 353 Pa. Super. Page 308]

Appellant, Daniel Rosko, was convicted following a jury trial of violating two sections of the Vehicle Code which prohibit drunk driving, 75 Pa.C.S. ยง 3731(a)(1) and (a)(4). He was sentenced for both violations on June 20, 1985 to 8 to 23 months of incarceration, to pay a $500 fine and costs. The trial court did not indicate which portion of the sentence could be attributed to the violation of Section

[ 353 Pa. Super. Page 3093731]

(a)(1) and which portion could be attributed to the violation of Section 3731(a)(4).

Sections 3731(a)(1) and (a)(4) read as follows:

(a) Offense defined. -- A person shall not drive, operate or be in actual physical control of the movement of any vehicle while:

(1) under the influence of alcohol to a degree which renders the person incapable of safe driving; . . .

(4) the amount of alcohol by weight in the blood of the person is 0.10% or greater.

On appeal to this Court, Appellant contends that the jury's verdict amounted to a conviction for a violation of only Section 3731(a)(1); that the evidence presented was insufficient to support a conviction under Section 3731(a)(1); and that the evidence ...


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