Commonwealth v. Moore

Full title: COMMONWEALTH OF PENNSYLVANIA v. JACOB LEE MOORE Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Dec 6, 2019

No. 999 WDA 2019 (Pa. Super. Ct. Dec. 6, 2019)

Opinion

J-S62030-19 No. 999 WDA 2019

12-06-2019

COMMONWEALTH OF PENNSYLVANIA v. JACOB LEE MOORE Appellant

JUDGMENT ORDER BY KUNSELMAN, J.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Judgment of Sentence Entered, June 25, 2019, in the Court of Common Pleas of McKean County, Criminal Division at No(s): CP-42-CR-0000223-2018. BEFORE: PANELLA, P.J., KUNSELMAN, J., and FORD ELLIOTT, P.J.E. JUDGMENT ORDER BY KUNSELMAN, J.:

Jacob Lee Moore appeals from the judgment of sentence following his conviction in a bench trial on two counts of driving under the influence.¹

1 See 75 Pa.C.S.A. §§ 3802(d)(1)(i), 3802(d)(2).

In its 1925(a) Opinion, the trial court opines that, after Moore filed this appeal, the Commonwealth's blood-draw evidence became inadmissible by statute when this Court decided Commonwealth v. Krenzel , 209 A.3d 1024 (2019). Thus, the trial court asks us to reverse its order denying suppression. Trial Court Opinion, 8/8/19, at 2. The Commonwealth agrees. See 10/16/19 Letter of Assistant District Attorney of McKean County to Superior Court. We therefore vacate Moore's sentence and remand for further proceedings.

Judgment of sentence vacated. Order denying suppression reversed. Case remanded for further proceedings. Jurisdiction relinquished. Judgment Entered. /s/
Joseph D. Seletyn, Esq.
Prothonotary Date: 12/6/2019