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Commonwealth v. Lundberg

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J. S20003/01

� 1 This is an appeal from the judgment of sentence entered in the Court of Common Pleas of Allegheny County on June 9, 1999, following appellant’s summary conviction for parking in a space reserved for handicapped persons and disabled veterans in violation of 75 Pa.C.S.A. � 3354(d)(3). For his conviction, appellant was fined $200.00. Herein, appellant claims that his conviction cannot stand because the handicapped parking space was not properly posted in accordance with Department of Transportation regulations. Upon review, we are constrained to vacate appellant’s conviction.

� 2 In this case, it is undisputed that appellant parked in a space in front of the Hillman Library in Oakland that was marked with the familiar, handicapped reserved parking sign which is officially designated as sign number R7-8. See 67 Pa.Code � 211.241. Appellant contests his conviction on the grounds that the parking space was improperly marked in that the sign did not state the penalty amount and indicate that vehicles in violation may be towed.

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