Opinion
No. 21 MAP 2017
10-16-2017
COMMONWEALTH of Pennsylvania, Appellee v. Steven Blaine SNYDER, Appellant
ORDER
PER CURIAM
AND NOW, this 16th day of October, 2017, the Joint Application for Summary Disposition Pursuant to Pennsylvania Rule of Appellate Procedure 123 is GRANTED. Based upon the agreement of the parties, it is hereby ORDERED as follows:
1. The Order of the Superior Court issued on July 22, 2016, at 1399 MDA 2015, is VACATED;
2. The judgment of sentence of the Court of Common Pleas of Lancaster County is VACATED in its entirety; and
3. The matter is REMANDED to the Court of Common Pleas of Lancaster County for resentencing. At resentencing, both Driving Under Suspension charges ( 75 Pa.C.S. § 1543(b)(1.1) ) shall be treated as first offenses, with summary grading and a maximum penalty of 90 (ninety) days incarceration. Resentencing shall take place within fifteen (15) days of the date of this order, regardless of whether the certified record has been returned to the Court of Common Pleas of Lancaster County.
This relief is conferred based upon the consent of the parties, who have agreed that Appellant is entitled to be resentenced. This order is not to be construed as an expression on the merits by this Court.
Justice Mundy did not participate in the consideration or decision of this matter.