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Supreme Court of Pennsylvania· 1/20/2000

Commonwealth v. Shaw

Citations

  • 744 A.2d 739
  • 560 Pa. 296

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the New York offense of DWAI, which required impairment to any degree, does not constitute an equivalent offense to the Pennsylvania offense of DUI for purposes of sentence enhancement because Pennsylvania requires substantial impairment
  • noting that a claim alleging the trial court erred in calculating prior convictions, for purposes of determining whether a mandatory minimum sentence applies, addresses the legality of the sentence
  • acknowledging that if defendant has previously accepted ARD on any charge brought under section 3731, “then that acceptance shall be considered as his or her first conviction” (citation omitted)
  • finding that a claim that the trial court erred by finding a foreign conviction constituted an “equivalent offense” to a Pennsylvania DUI conviction for purposes of sentencing constituted a nonwaivable challenge to the legality of sentence
  • noting the relevance of the statutes’ policies but rejecting the Commonwealth’s claim that the statutes were equivalent merely because they shared a policy of punishing impaired drivers
  • noting the relevance of the statutes' policies but rejecting the Commonwealth's claim that the statutes were equivalent merely because they shared a policy of punishing impaired drivers

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaherty, Zarpala, Cappy, Castille, Nigro, Newman, Saylor, Gappy, Zappala

Read full opinion on CourtListener

Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

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