Appeal de novo of district court conviction cannot be used to reinstate charges that resulted in acquittal

Commonwealth v James Arthur Ball III, 23 MAP 2015 (9/28/16) 

Some strange stuff happens, and once in a while the PA Supreme corrects it. A guy was charged with DUS-DUI, but the DJ only convicted him of DUS. The guy appealed, and the Commonwealth reinstated the DUS-DUI charge, and he was convicted. On appeal to the Superior Court, the defendant won on double jeopardy grounds, and the Superior Court dismissed all charges. On appeal, the PA Supreme Court said that the DUS conviction should not have been thrown out— it ordered a new trial— but affirmed that once a DJ has implicitly acquitted by convicting on a lesser charge, an appeal de novo is not a waiver of the double jeopardy rights against being convicted of things you were acquitted of.

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