IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT
June 27, 2011
COMMONWEALTH OF PENNSYLVANIA, PETITIONER
ALFREDO ALICEA, RESPONDENT
Petition for Allowance of Appeal from the order of the Superior Court at No. 1235 MDA 2008 dated May 26, 2010 vacating and remanding the judgment of sentence of the Court of Common Pleas of Berks County dated June 20, 2008 at No. CP-06-CR-3661-2005.
AND NOW, this 27th day of June, 2011, the Petition for Allowance of Appeal is hereby GRANTED, and the decision of the Superior Court is VACATED. The Superior Court erroneously based its holding that the trial court abused its discretion in the admission of evidence on a distinct legal theory that Respondent did not preserve or develop. See Pa.R.A.P. 302(a); Commonwealth v. Fletcher, 604 Pa. 493, 535-36, 986 A.2d 759, 785 (2009). The matter is REMANDED to the Superior Court for consideration and disposition of the issues properly preserved and developed for its review.
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