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COMMONWEALTH PENNSYLVANIA v. FIDEL SANTIAGO (11/05/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: November 5, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
FIDEL SANTIAGO, APPELLANT

Appeal No. 416 Philadelphia 1981 from the order of the Court of Common Pleas of Philadelphia County, Criminal Division, No. 73-08-45/48, BLAKE, Judge.

COUNSEL

Peter V. Marks, Sr., Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Beck and Lipez, JJ.

Author: Per Curiam

[ 306 Pa. Super. Page 177]

OPINION.

On appellant's petition, No. 416, Philadelphia, 1981, filed after submission of this appeal, and agreed to by the Commonwealth, we remand so that there may be a hearing on post-trial motions based upon after-discovered evidence. This remand is without prejudice to appellant being able to raise, on a future appeal, after the after-discovered evidence issue has been litigated in the lower court, the same issues he has raised on this appeal.

Appellant's petition for remand is granted and the record on this appeal is remanded to the lower court for further proceedings consistent with this opinion. We do not retain jurisdiction.

19821105

© 1998 VersusLaw Inc.



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