Appeal from the Order of the Superior Court Dated March 22, 1988 Entered at No. 506 Harrisburg 1987, Affirming the Order of the Court of Common Pleas of Cumberland County, at No. 140 Criminal 1987, Dated July 21, 1987.
Debra K. Wallet, Camp Hill, for appellant.
Albert H. Masland, Asst. Dist. Atty., Syndi L. Norris, Asst. Dist. Atty., for appellee.
Stuart Suss, Chester County Dist. Atty., amicus curiae.
Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ.
Appellant appeals from a judgment of sentence, affirmed by the Superior Court, 377 Pa. Super. 653, 541 A.2d 1152, on the grounds that the trial court erred in applying the mandatory minimum sentence for a second offense committed within seven years of a prior conviction as provided by the language of the Vehicle Code. We granted review in order to examine for the first time a recurring problem of statutory interpretation which already has been addressed below by the Superior Court in Commonwealth v. Kearns, 365 Pa. Superior Ct. 13, 528 A.2d 992 (1987); also see Commonwealth Page 109} v. Perkins, 372 Pa. Superior Ct. 30, 538 A.2d 930 (1988).*fn1
The facts indicate that Appellant was arrested on December 28, 1986, and charged with driving under the influence of alcohol in violation of Section 3731(a) of the Vehicle Code, 75 Pa.C.S.A. He pled guilty to this charge on May 4, 1987. Appellant's record at this time included a prior arrest for the same offense on November 7, 1979, to which he also had pled guilty on January 4, 1980. The aggregate record, therefore, was as follows:
First arrest: November 7, 1979
First guilty plea: January 4, 1980