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COMMONWEALTH PENNSYLVANIA v. PHILIP SPITZER (11/30/81)

filed: November 30, 1981.

COMMONWEALTH OF PENNSYLVANIA
v.
PHILIP SPITZER, APPELLANT



Appeal No. 1038 Philadelphia, 1980, from Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Lancaster County at No. 278 of 1980, HUMMER, Judge.

COUNSEL

Saul L. Langsam, Philadelphia, for appellant.

Edward F. Browne, Jr., Asst. Dist. Atty., Lancaster, for Commonwealth, appellee.

Hester, Cavanaugh and Van der Voort, JJ.

Author: Per Curiam

[ 292 Pa. Super. Page 466]

This is an appeal from a summary conviction for reckless driving. A review of the record discloses that the appellant failed to file any post-trial motions. Consistent with this court's opinion in Commonwealth v. Koch, 288 Pa. Super. 290, 431 A.2d 1052 (1981) and the comment to Pa.R.Crim.P. 1123 (effective July 1, 1981), we remand for the filing of post-trial

[ 292 Pa. Super. Page 467]

    motions. We also remand for compliance with Pa.R.A.P. rules 1923 and 1925.

Case remanded. We are not retaining jurisdiction over this case.

19811130

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