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COMMONWEALTH PENNSYLVANIA v. KEITH BARLIP (01/25/85)

SUPERIOR COURT OF PENNSYLVANIA


January 25, 1985

COMMONWEALTH OF PENNSYLVANIA
v.
KEITH BARLIP, APPELLANT

No. 00248 PITTSBURGH 1983, Appeal from the Order and Judgment in the Court of Common Pleas of Erie County, Criminal No. 1709 of 1981

Before Spaeth, P.j., Brosky and Olszewski JJ. Brosky, J. files a concurring statement.

Per Curiam:

Appellant has raised objections to the trial court's denial of his motion to suppress his statement to the police, and has objected on other grounds to the trial court's denial of post-trial motions. We are unable to rule on the correctness of the trial court's actions, particularly regarding the suppression of appellant's stastement, because the court has filed no findings of fact or opinion. We therefore vacate the judgment of sentence and remand to the trial court for findings of fact and an opinion. We leave it to the trial court's discretion to determine whether an evidentiary hearing will be needed to enable it to make such findings. If the trial court concludes, either on the basis of the present record or after an evidentiary hearing, that a new trial was properly denied, it should reinstate the judgment of sentence, and appellant may appeal from that judgment. We do not retain jurisdiction.

So ordered.

BROSKY J. files a concurring statement.

19850125

© 1998 VersusLaw Inc.



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