Opinion
No. 61 WAL 2007.
November 28, 2007.
Petition for Allowance of Appeal No. 61 WAL 2007 from the Order of the Superior Court.
Prior Report: Pa.Super., 912 A.2d 841.
ORDER
AND NOW, this 28th day of November, 2007, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:
(1) In finding insufficient evidence to support the [75 Pa. C.S.] § 3802(a)(1) DUI offense, did [the] Superior Court err in determining what the elements are for a [Section 3802(a)(1)] DUI offense and err in concluding it is an "at the time of driving" offense?