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COMMONWEALTH PENNSYLVANIA v. ZOE ANN BREITEGAN (03/08/83)

SUPREME COURT OF PENNSYLVANIA


decided: March 8, 1983.

COMMONWEALTH OF PENNSYLVANIA, APPELLANT,
v.
ZOE ANN BREITEGAN, APPELLEE

No. 80-3-619, Appeal from the Order of the Superior Court of Pennsylvania, entered at No. 626, October Term, 1979, reversing the Order of the Court of Common Pleas of of Lancaster County, Criminal, No. 1707 of 1978, 276 Pa. Superior Ct. 181, O'Brien, C.j., and Roberts, Nix, Larsen, Flaherty, McDermott and Hutchinson, JJ. Former Chief Justice O'Brien did not participate in the decision of this case. Larsen, J., concurs in the result. See Commonwealth v. Beatty,

Author: Nix

[ 500 Pa. Page 385]

OPINION

On July 4, 1978 appellee, Zoe Ann Breitegan, was involved in a motor vehicle accident, as a result of which the driver of another vehicle involved was killed. Three traffic citations were issued under the Motor Vehicle Code, 75 Pa.C.S.A. § 101, et seq.,*fn1 and Ms. Breitegan was charged with the misdemeanors of operating a motor vehicle under the influence of intoxicating liquor, 75 Pa.C.S.A. § 3731, homicide by vehicle, 75 Pa.C.S.A. § 3732, and involuntary manslaughter, 18 Pa.C.S.A. § 2504.

Appellee filed a motion in the Court of Common Pleas to quash the information for the misdemeanors on the grounds of her plea to the three summary offenses.*fn2 The Court of Common Pleas dismissed the motion to quash. On appeal, the Superior Court reversed the Court of Common Pleas and quashed the information on the basis of our compulsory joinder rule and Section 110 of the Crimes Code. 18 C.P.S.A. § 110.

We have held in Commonwealth v. Beatty, 500 Pa. 284, 455 A.2d 1194 (1983) that the compulsory joinder rule and

[ 500 Pa. Page 386]

Section 110 do not apply to prior summary convictions for traffic violations under the Motor Vehicle Code. Accordingly, the Order of the Superior Court is reversed and the Order of the Court of Common Pleas is reinstated.


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