Opinion
October 31, 1996.
Petition No. 343 W.D. 1996, for allowance of Appeal from Superior Court.
ORDER
AND NOW, this 31st day of October, 1996, the Petition for Allowance of Appeal is hereby GRANTED; that the judgment of sentence imposed on Appellant, Patrick M. Brittain, for violation of 75 Pa.C.S.A. § 3731(a)(5) is VACATED; and this matter is REMANDED to the Common Pleas Court of Venango County for resentencing in light of this court's decision in Commonwealth v. Barud, 681 A.2d 162 (Pa. 1996).