COM. v. SHEPPARD


372 Pa.Super. 550 (1988)

539 A.2d 1333

COMMONWEALTH of Pennsylvania v. Gregory SHEPPARD, Appellant.

Supreme Court of Pennsylvania.

Filed April 4, 1988.


Attorney(s) appearing for the Case

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

Donna G. Zucker, Assistant District Attorney, Philadelphia, for Com., appellee.

Before DEL SOLE, MONTGOMERY and HOFFMAN, JJ.


HOFFMAN, Judge:

This appeal is from the order below granting the Commonwealth's petition to vacate a prior order that had granted appellant's motion to discharge the prosecution. Appellant contends that the trial court lacked jurisdiction to vacate the discharge order because the court did not act within the thirty day period required by 42 Pa.C.S.A. § 5505. For the reasons that follow, we agree, and, accordingly, reverse the order below and order appellant discharged...

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