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Commonwealth v. Collins

The offenses of homicide by vehicle and homicide by vehicle while driving under the influence of alcohol have mutually exclusive nature of the statutory elements, and do not merge for sentencing purposes.

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SUBMITTED: April 12, 2000

We granted allocatur to determine whether the offenses of homicide by vehicle and homicide by vehicle while driving under the influence of alcohol (DUI) merge for sentencing purposes. Due to the mutually exclusive nature of the statutory elements, we hold that homicide by vehicle is not a lesser included offense of homicide by vehicle/DUI and therefore the Superior Court properly affirmed the imposition of separate sentences. Accordingly, we affirm.

The record establishes that on September 30, 1995, a motor vehicle accident occurred in which a passenger in the vehicle driven by Appellant was killed. Another passenger sustained serious injuries. Following a jury trial, Appellant was convicted of involuntary manslaughter, driving under the influence, homicide by vehicle, homicide by vehicle/DUI and recklessly endangering another person. He was also convicted of the summary offenses of careless driving, driving at an unsafe speed, and purchase, consumption, possession or transportation of liquor by a minor.

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