No. 884 April Term, 1979, Appeal from the Order of the Court of Common Pleas of Cambria County, Criminal Division, No. C-192 of 1979.
Gerard Long, District Attorney, Ebensburg, submitted a brief on behalf of Commonwealth, appellant.
Michael Handler, Indiana, for appellee.
Spaeth, Wickersham and Lipez, JJ. Wickersham, J., files a dissenting opinion.
[ 286 Pa. Super. Page 167]
The court below granted appellee's pre-trial motion to dismiss a charge of aggravated assault*fn1 against him. We reverse.
On March 14, 1979, automobiles driven, respectively, by appellee and Kenneth Edwards collided on a public highway. Both stopped and left their cars, and appellee struck Edwards, breaking his jaw. Appellee then drove away without identifying himself.
On March 26, a Pennsylvania State Police officer, after investigation of the incident, filed a charge of aggravated assault against appellee. On March 30, another State Police officer filed a summons against appellee for failure to identify himself at the scene of the accident,*fn2 which is a summary offense under the Vehicle Code.*fn3 On April 3, appellee waived a preliminary hearing on the aggravated assault charge and was bound over to the court thereon. On April 6, he pled guilty to failure to identify and paid costs and a fine. Appellee argued below that the disposition, by guilty plea, of the prosecution for the failure to identify
[ 286 Pa. Super. Page 168]
barred the Commonwealth's pursuit of the aggravated assault prosecution. The trial court agreed, and the Commonwealth appeals.
Appellee relies principally on Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432, vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), on remand, 455 Pa. 622, 314 A.2d 854, cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974). In that case, the Supreme Court of Pennsylvania held "that all charges resulting from the same criminal episode . . . should [be] consolidated at one trial . . . ." 452 Pa. at 240, 304 A.2d at 434 (emphasis, quotation marks and footnote deleted).*fn4
It is clear that the two crimes involved in the instant case arose from the same criminal episode. See Commonwealth v. Edwards, 264 Pa. Super. 223, 399 A.2d 747 (1979). Section 110 of the Crimes Code,*fn5 therefore, controls. Commonwealth v. Green, 232 Pa. Super. 134, 139, 335 A.2d 493, 495 (1975). Section 110 provides in relevant part:
Although a prosecution is for a violation of a different provision of the statutes than a former prosecution . . . it is barred by such former ...