No. 1755 Philadelphia, 1980, Appeal from the Order dated July 14, 1980, Court of Common Pleas, Lehigh County, Criminal, at No. 1103/1979.
Wallace C. Worth, Jr., Allentown, for appellant.
William H. Platt, District Attorney, Allentown, for appellee.
Cercone, President Judge, and Spaeth and Johnson, JJ. Spaeth, J., concurs in the result.
[ 298 Pa. Super. Page 419]
On September 8, 1979, shortly after midnight, appellant was stopped by the police of Salisbury Township after an automobile chase. An officer of the neighboring Allentown police responded to a call for help put out by the Salisbury police, and appeared on the scene where the Salisbury police had stopped appellant, who appeared to be intoxicated. Within a few minutes the Allentown police officer was called back down the road to investigate a report of a hit and run which had occurred in Allentown. The owner of a parked car had heard the sound of a collision and had run outside and seen the make and license number of the car which had hit his car and proceeded without stopping. The Allentown police officer filled out a citation form, based on the information supplied by the victim of the hit and run. The citation charged appellant with the appropriate violation
[ 298 Pa. Super. Page 420]
of the Vehicle Code.*fn1 The citation was "turned in" to the Allentown District Justice, who forwarded it by certified mail to appellant. A few days later, September 21, 1979, appellant came to the District Justice's office and paid the fine -- the standard fine for a summary offense*fn2 -- $25.00 plus $10.00 costs, totaling $35.00.
Meanwhile, on September 8, 1979, a criminal complaint was issued by the Salisbury police against appellant, for drunk driving,*fn3 a misdemeanor of the third degree, and various other summary offenses.*fn4 That same day an arraignment was held by a District Magistrate, following which the appellant was released. A preliminary hearing was held on November 5, 1979, before the District Justice of Salisbury. Because the magistrate found a prima facie case against appellant for the misdemeanor, all charges were returned to court. The Comment to Pennsylvania Rule of Criminal Procedure 51 states: "If one or more of the charges is a misdemeanor or felony, the summary offense, if known at the time, shall be charged in the same complaint, and the case shall proceed as a court case under Chapter 100 of these Rules. See Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), addendum opinion on remand 455 Pa. 622, 314 A.2d 854 (1976)." Pa.R.Crim.P. 51, 42 Pa.C.S.A. (Pamp.1981). The transcript was sent by the district justice to court on November 5, 1979.
In January, 1980, appellant filed his omnibus pre-trial motion for relief which, after a hearing in the Court of Common Pleas of Lehigh County, was denied by the trial judge.
[ 298 Pa. Super. Page 421]
It is this denial from which this appeal is brought. Although a denial of pre-trial motions is not normally a final order, in cases where the pre-trial motion is a motion to quash on double jeopardy grounds, the denial of the motion is final and appealable. See Commonwealth v. Fields, 491 Pa. 609, 421 A.2d 1051 (1980); Commonwealth v. Bolden, 472 Pa. 602, 373 A.2d 90 (1977). Because appellant's pre-trial motion was based on our Supreme Court's decision in Commonwealth v. Campana,*fn5 452 Pa. 233, 304 A.2d 432 (1973), addendum opinion after remand, 455 Pa. 622, 314 A.2d 854, cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974), we therefore must entertain the appeal.
Appellant asserts that because he had pleaded guilty to the "hit and run" summary offense, prosecution for charges arising out of the same criminal episode is barred. Appellant contends that prosecution is barred by the constitutional doctrine of double jeopardy, by the rule of Campana, ...