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COMMONWEALTH PENNSYLVANIA (05/15/86)

SUPERIOR COURT OF PENNSYLVANIA


May 15, 1986

COMMONWEALTH OF PENNSYLVANIA, V. JAMES F. SMEAL APPELLANT

Appeal from Judgment of Sentence imposed December 26, 1984, by the Court of Common Pleas of Clearfield County, Criminal Division at Number 83-592-CRA

Before Cavanaugh, Olszewski And Kelly, JJ.

Per Curiam,

And now, this 15th day of May, 1986, counsel for appellant's petition to withdraw is denied with prejudice. Counsel is directed to file with this Court an advocate's brief within thirty (30) days of this Order. The Commonwealth will have twenty (20) days thereafter to file a reply. Jurisdiction of the panel is retained.

CAVANAUGH, J., files a Dissenting Memorandum.

Disposition

And now, this 15th day of May, 1986, counsel for appellant's petition to withdraw is denied with prejudice. Counsel is directed to file with this Court an advocate's brief within thirty (30) days of this Order. The Commonwealth will have twenty (20) days thereafter to file a reply. Jurisdiction of the panel is retained.

19860515

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