Pennsylvania v. Taylor (majority)
Annotate this CaseAppellant Terry Taylor was sentenced for driving under the influence of alcohol or a controlled substance (DUI), without a “full assessment for alcohol and drug addiction,” which is required “prior to sentencing” by Section 3814(2) of the Vehicle Code, 75 Pa.C.S. sec. 3814(2). His sentence was imposed without consideration of the drug or alcohol treatment recommendations that an Assessment may have provided. Appellant, argued that he was entitled to have his sentence vacated, to be assessed in compliance with Section 3814(2), and to be resentenced after consideration of any treatment recommendations. The Superior Court rejected this argument, and upheld his judgment of sentence. Because the Supreme Court agreed with Appellant that the presentence requirement of Section 3814(2) was a mandatory component of the sentencing scheme for DUI offenders, and that a sentence imposed contrary to these requirements cannot stand, the Court reversed and remanded for resentencing after compliance with Sections 3804, 3814, and 3815 of the Vehicle Code.
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