IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
February 21, 2012
COMMONWEALTH OF PENNSYLVANIA, APPELLANT
NOLAN ANTOSZYK, APPELLEE
Appeal from the Order of the Superior Court entered December 2, 2009, at No. 689 WDA 2008, affirming the Order of the Court of Common Pleas of Allegheny County entered April 11, 2008, at No. CP-: 02-CR-0009936-2005.
ARGUED: October 18, 2011
AND NOW, this 21st day of February, 2012, the Court being evenly divided, the Order of the Superior Court is AFFIRMED. Madame Justice Orie Melvin did not participate in the consideration or decision of this case.
Messrs. Justice Saylor and Baer and Madame Justice Todd would affirm the Order of the Superior Court. Mr. Justice Eakin files an Opinion in Support of Reversal in which Mr. Chief Justice Castille and Mr. Justice McCaffery join.
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