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Commonwealth of Pennsylvania v. Respondent

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


February 25, 2010

COMMONWEALTH OF PENNSYLVANIA,
PETITIONER
JEORGE GONZALEZ,
v.
RESPONDENT

Petition for Allowance of Appeal Order and Memorandum Opinion of the Superior Court at 116 EDA 2007, dated June 12, 2008, reversing the Order of the Court of Common Pleas of Philadelphia County at CP-51-CR-0102271-2006,

Per curiam.

ORDER

dated November 27, 2006

AND NOW, this 25th day of February 2010, the Petition for Allowance of Appeal is GRANTED. The order of the Superior Court is VACATED and its judgment is REVERSED pursuant to this Court's decision in Commonwealth v. Thompson,--- A.2d ---, 2009 WL 5124987 (Pa. 2009).

Mr. Justice Saylor and Madame Justice Todd concur in the decision to grant and vacate, but dissent from the decision to reverse. Rather, they would remand to the Superior Court for further proceedings in light of this Court's decision in Commonwealth v. Thompson, supra.

20100225

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