Commonwealth v. Taylor

74 A.3d 122, 621 Pa. 123, 2013 WL 4764078, 2013 Pa. LEXIS 1962

Opinion

ORDER

PER CURIAM.

AND NOW, this 5th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Is whether a sentencing court has the authority to sentence an individual for a violation of 75 [Pa.C.S.] § 3802(DUI) prior to the completion of a full drug and alcohol assessment under the requirements of [75 Pa. C.S. § 3814]?

(2) Is the language of 75 [Pa.C.S.] § 3814 a mandatory sentencing provision requiring a sentencing court to comply with its requirements pri- or to the imposition of a sentence for a DUI violation, or is § 3814 an optional provision that can be disregarded at the court’s discretion?

(3) Does a Defendant have the ability through conduct, or otherwise, to waive the requirements of 75 [Pa. C.S.] § 3814, and permit a sentencing court to enter a sentence even though a full drug and alcohol assessment has not been completed prior to sentencing?