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COMMONWEALTH PENNSYLVANIA v. ROBERT GORE (04/13/84)

SUPERIOR COURT OF PENNSYLVANIA


filed: April 13, 1984.

COMMONWEALTH OF PENNSYLVANIA
v.
ROBERT GORE, APPELLANT

No. 2037 Philadelphia 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Trial Division - Criminal Section, Philadelphia County, Nos. 373-374 December Term, 1979.

COUNSEL

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane Cutler Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.

McEwen, Hester and Lipez, JJ.

Author: Per Curiam

[ 327 Pa. Super. Page 295]

In a non-jury trial, defendant was convicted of robbery and criminal conspiracy. Post-verdict motions were denied, and judgment of sentence was imposed. Defendant filed this appeal, in which he claims: (1) he is entitled to discharge under Rule 1100; and (2) he is entitled to a new trial

[ 327 Pa. Super. Page 296]

    because the court below erred in denying the motion to suppress.

In his opinion under Pennsylvania Rule of Appellate Procedure 1925(a), the trial judge concluded that he had erroneously denied defendant's motion in arrest of judgment based on Rule 1100, because at the time he decided the issue, he lacked the necessary notes of testimony to decide it properly. Because this appeal was pending when the trial judge's opinion was filed, defendant filed in this court a petition to remand the record. The court en banc referred the petition to this panel. We have concluded that the most expeditious manner in which to dispose of this case would be to grant the petition, vacate both the judgment of sentence and the order denying post-verdict motions, and remand for reconsideration of the post-verdict motions.*fn1 MNC Corporation v. Mt. Lebanon Medical Center, Inc., 294 Pa. Super.Ct. 405, 406, 440 A.2d 528, 529 (1982); cf. Cohen v. Jenkintown Cab Company, 300 Pa. Super.Ct. 528, 538 n. 8, 446 A.2d 1284, 1289-90 n. 8 (1982).

Petition granted, judgment of sentence and order denying post-verdict motions vacated, and case remanded for further proceedings. Jurisdiction relinquished.


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