Commonwealth v. Mock, 198 A.3d 1049 (2018)

Dec. 5, 2018 · Supreme Court of Pennsylvania · No. 315 MAL 2018
198 A.3d 1049

COMMONWEALTH of Pennsylvania, Respondent
v.
Michael A. MOCK, Petitioner

No. 315 MAL 2018

Supreme Court of Pennsylvania.

December 5, 2018

ORDER

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?