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COMMONWEALTH PENNSYLVANIA v. DAVID GENE CUTCHER (04/15/86)

SUPREME COURT OF PENNSYLVANIA


decided: April 15, 1986.

COMMONWEALTH OF PENNSYLVANIA, PETITIONER,
v.
DAVID GENE CUTCHER

Petition No. 274 W.D. Allocatur Dkt. 1985 for Allowance of Appeal from the Order of the Superior Court of Pennsylvania entered April 26, 1985 at No. 780 Pittsburgh, 1984, affirming in part, vacating and remanding in part the Judgment of Sentence of the Court of Common Pleas of Erie County, Criminal Division, at Nos. 1549, 1550 and 1551 of 1983, entered May 18, 1984. Prior report: 344 Pa. Super. 620, 495 A.2d 611.

Zappala, J., files a dissenting statement.

Author: Per Curiam

[ 510 Pa. Page 282]

ORDER

AND NOW, this 15th day of April, 1986, the Commonwealth of Pennsylvania's Petition for Allowance of Appeal is granted, the order of the Superior Court vacating in part the judgment of sentence imposed by the Court of Common Pleas of Erie County is reversed and the judgment of sentence of said Court of Common Pleas is hereby reinstated.

Disposition

AND NOW, this 15th day of April 1986, the Commonwealth of Pennsylvania's Petition for Allowance of Appeal is granted, the order of the Superior Court vacating in part the judgment of sentence imposed by the Court of Common Pleas of Erie County is reversed and the judgment of sentence of said Court of Common Pleas is hereby reinstated.

[ 510 Pa. Page 283]

ZAPPALA, Justice, dissenting.

I dissent from the majority's per curiam order today summarily reversing the Superior Court's order vacating in part the judgment of sentence imposed for the Defendant's conviction of terroristic threats. Instead, the more prudent course would be to permit full briefing and oral argument on the issues raised by the petition.

19860415

© 1998 VersusLaw Inc.



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