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Commonwealth v. Given

Pennsylvania Superior Court

December 23, 2020

The Pennsylvania Superior Court began the opinion in Commonwealth v. Given by letting the appellant know all the ways in which he waived his claims and filed a bad brief. But the Court sua sponte addressed a sentencing issue. The appellant was convicted of two counts of DUI, one count for having marijuana in his bloodstream, a violation of 75 Pa.C.S. ยง 3802(d)(1)(i), and another count for having a metabolite of marijuana in his bloodstream, a violation of Section 3802(d)(1)(iii). The lower court imposed concurrent sentences on each of those convictions. The Court held that imposing two sentences for the same act rendered an illegal sentence and vacated the metabolite-based conviction.

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