Commonwealth v. Hayes

After the defendant was found guilty of DUI, the sentencing court refused to consider one of the defendant’s prior DUIs from Maryland as a triggering offense for an enhanced sentence. The certified record in that case indicated that the defendant had pleaded not guilty and then was sentenced to “probation before judgment.” The Pennsylvania Superior Court reversed. It analyzed the Maryland statute governing probation before judgment and concluded that the defendant was found guilty or had pled no contest to receive probation without judgment. Given that fact, the offense was triggering.

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