Commonwealth v. Mock, M. - No. (Granted) (petitions for allowance of appeal)

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M.D. Appeal Dkt. 68 MAP 2018 IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL A. MOCK, Petitioner : No. 315 MAL 2018 : : : Petition for Allowance of Appeal from : the Order of the Superior Court : : : : : : ORDER PER CURIAM AND NOW, this 5th day of December, 2018, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is: Did the Superior Court erroneously interpret 75 Pa.C.S. § 3806 as providing that an offender who commits a prior driving under the influence (“DUI”) offense more than ten years before his commission of a present DUI offense, but is convicted of the prior DUI offense within ten years of his commission of his present DUI offense, has a “prior offense” for purposes of the grading of, and/or sentencing on, the present DUI offense?

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