COM. v. CARTER


347 Pa.Super. 624 (1985)

501 A.2d 250

COMMONWEALTH of Pennsylvania, Appellee, v. Gerald CARTER, Appellant.

Supreme Court of Pennsylvania.

Filed October 4, 1985.

Reargument Denied December 16, 1985.


Attorney(s) appearing for the Case

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Com., appellee.

Before CAVANAUGH, OLSZEWSKI and HOFFMAN, JJ.


CAVANAUGH, Judge:

In this appeal, Gerald Carter contends that his due process rights and rights under Pa.R.Crim.P. 1101 were violated because he was tried within the Career Criminal Program of the Philadelphia Common Pleas Court. He argues that because the judges in that program are aware that defendants assigned thereto have prior convictions, he was deprived of his right to be tried without a jury before an impartial factfinder, and that the District Attorney's...

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