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COMMONWEALTH v. FALGIANI (02/02/76)

SUPERIOR COURT OF PENNSYLVANIA


decided: February 2, 1976.

COMMONWEALTH, APPELLANT,
v.
FALGIANI

Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1974, No. 5745A, in case of Commonwealth of Pennsylvania v. Wayne Falgiani.

COUNSEL

Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.

Stephen P. Swem, Trial Defender, John J. Dean, Chief, Appellate Division, and Ralph J. Cappy, Public Defender, for appellee.

Watkins, P. J., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ.

Author: Per Curiam

[ 238 Pa. Super. Page 451]

Appellant was charged with two misdemeanors: operating a motor vehicle while license is under suspension and resisting arrest. At the preliminary hearing,

[ 238 Pa. Super. Page 452]

    the magistrate dismissed the resisting arrest charge, and appellant was bound over on the other charge. Thereafter, the appellant filed a pretrial motion to quash the indictment. Because the lower court found that Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated on other grounds 414 U.S. 808, on remand 455 Pa. 622, 314 A.2d 854 (1974), required the dismissal of all charges arising out of the same criminal episode upon the dismissal of one, it granted appellant's motion. The Commonwealth appeals.

Commonwealth v. Campana, supra, requires only that all charges arising out of the same criminal transaction be brought at the same time. There is no requirement that the dismissal of one charge necessitates the dismissal of the remaining charges. The Commonwealth complied fully with Campana in the instant case.

Order reversed and case remanded for trial.

Disposition

Order reversed and case remanded for trial.

19760202

© 1998 VersusLaw Inc.



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