Opinion
No. 406 MAL 2021
01-04-2022
COMMONWEALTH of Pennsylvania, Petitioner v. Steven Leonard VERBECK, Respondent
ORDER
PER CURIAM
AND NOW , this 4th day of January, 2022, the Petition for Allowance of Appeal is GRANTED . The issue, as stated by petitioner is:
Whether the Superior Court erred in holding for DUI sentencing purposes that the Defendant's conviction was a first offense in ten years as opposed to a second offense in ten years based upon the defective holding in Commonwealth v. Chichkin , 232 A.3d 959 (Pa. Super. 2020) that acceptance of ARD could not be treated as a prior conviction?
Justice Brobson did not participate in the consideration or decision of this matter.