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COMMONWEALTH PENNSYLVANIA v. SHARON ROSE (03/03/77)

decided: March 3, 1977.

COMMONWEALTH OF PENNSYLVANIA
v.
SHARON ROSE, APPELLANT



COUNSEL

Alan I. Schnoll, Philadelphia, with him Bogutz & Mazer, Philadelphia, for appellant.

Eric J. Cox, Assistant District Attorney, Conshohocken, with him William T. Nicholas, District Attorney, Norristown, for appellee.

Watkins, P. J., and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Price and Van der Voort, JJ., dissent for the reasons stated in the Dissenting Opinion in Commonwealth v. Malone, supra.

Author: Per Curiam

[ 246 Pa. Super. Page 343]

Appellant contends that she has a right to have her arrest record expunged. Because it believed that it did not

[ 246 Pa. Super. Page 344]

    have the authority to reach that issue, the lower court denied appellant's petition. This Court recently held that such authority does exist. See Commonwealth v. Malone, 244 Pa. Super. 62, 366 A.2d 584 (1976). Therefore, we remand to the lower court for further consideration in light of our holding in Commonwealth v. Malone, supra.

19770303

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