No. 11 W.D. Appeal Dkt., 1982, Appeal from Order of the Superior Court of Pennsylvania, No. 884 April Term, 1979, Reversing the Order of the Court of Common Pleas of Cambria County, Criminal Division, at No. C-192 of 1979.
Michael Handler, Indiana, for appellant.
Gerard Long, Dist. Atty., Thomas J. Sibert, Edensburg, for appellee.
O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ. O'Brien, C.j., did not participate in the decision of this case. Flaherty and McDermott, JJ., joined in this opinion and filed concurring opinions. Hutchinson, J., joined in this opinion and joined the concurring opinion of Flaherty, J. Larsen, J., filed a concurring opinion.
In this matter we granted review of an order of a three judge panel of the Superior Court reversing the order of the Court of Common Pleas of Cambria County granting Mr. Beatty's pre-trial motion to dismiss the charge of aggravated assault then pending against him.*fn1 While we reject the reasoning offered by the Superior Court in support of its order, Commonwealth v. Beatty, 286 Pa. Super.Ct. 166, 428 A.2d 624 (1981), we nevertheless agree that the Court of Common Pleas was in error in barring further prosecution of Mr. Beatty as to the aggravated assault charge.
The pertinent facts are not in dispute. On March 14, 1979, a motor vehicle collision occurred in Susquehanna Township between vehicles being operated by Mr. Beatty and Mr. Edwards. The parties pulled their vehicles off to the side of the road, and an altercation ensued. Appellant struck Mr. Edwards, breaking his jaw and then drove from the scene
without identifying himself as required by the Motor Vehicle Code, Act of June 17, 1976, P.L. 162 No. 81, 75 Pa.C.S.A. § 3743.
After investigation, the state police filed a charge of aggravated assault, Act of December 6, 1972, P.L. 1482, No. 334, 18 Pa.C.S.A. § 2702, against appellant on March 26, 1979. On March 30, 1979, a summons was filed against appellant for the summary offense of failure to identify himself at the scene of the accident. On April 3, 1979, appellant waived a preliminary hearing and was bound over for trial on the charge of aggravated assault. Thereafter on April 6, he pled guilty to the summary offense and paid the fine and costs assessed. Appellant was not represented in the summary proceeding.
On May 16, 1979, an Omnibus Pretrial Motion was filed in which appellant sought, inter alia, a dismissal of the charge. On September 20, 1979, the Court of Common Pleas sustained the motion and discharged appellant. As previously stated, a divided panel of the Superior Court reversed the Court of Common Pleas, reinstated the information and remanded the cause for trial.
Under our supervisory power over state criminal proceedings, Pa. Const., art. V, § 10, we announced in an addendum per curiam opinion that all charges resulting from the same criminal episode should be consolidated at one trial. Commonwealth v. Campana (Campana II), 455 Pa. 622, 314 A.2d 854, cert. denied, 417 U.S. 969, 94 S.Ct. 3172, 41 L.Ed.2d 1139 (1974). In Campana II we upheld the order of this Court in Commonwealth v. Campana (Campana I) 452 Pa. 233, 304 A.2d 432, vacated and remanded 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), vacating subsequent prosecutions for resisting arrest and assault because of an earlier ...