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COM. v. ZOLLER

345 Pa.Super. 350 (1985)

498 A.2d 436

COMMONWEALTH of Pennsylvania v. Robby Lee ZOLLER, Appellant. COMMONWEALTH of Pennsylvania v. Michael Eugene FAHNESTOCK, Appellant.

Supreme Court of Pennsylvania.

Filed September 6, 1985.

Attorney(s) appearing for the Case

Dale F. Shughart, Jr., Carlisle, for appellant Robby Lee Zoller.

Carol Munson, Assistant Public Defender, for appellant Michael Eugene Fahnestock.

Theodore B. Smith, Assistant District Attorney, for Commonwealth, appellee.

Before TAMILIA, MONTGOMERY and ROBERTS, JJ.

TAMILIA, Judge:

These are consolidated appeals from judgments of sentence of 10-20 years to a state institution following appellants' guilty pleas to third degree murder. Prior to tendering the plea, each appellant was charged with criminal homicide (18 Pa.C.S.A. § 2501), murder (18 Pa.C.S.A. § 2502(a) and (b)) and robbery (18 Pa.C.S.A. § 3701(a)(1)(i)). Following a hearing and denial on September 28, 1984 of a

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