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COM. v. SULLENS

533 Pa. 99 (1992)

619 A.2d 1349

COMMONWEALTH of Pennsylvania, Appellant, v. Dominick W. SULLENS, Appellee.

Supreme Court of Pennsylvania.

Decided November 19, 1992.

Attorney(s) appearing for the Case

William R. Cunningham, Dist. Atty., Joseph P. Conti, First Asst. Dist. Atty., Jane M. Earll, Asst. Dist. Atty., Erie, for appellant.

Ronald Eisenberg, Deputy Dist. Atty., Law Div., Philadelphia, George S. Leone, Asst. Dist. Atty., for amicus curiae, Pennsylvania Dist. Attys. Ass'n.

Michael R. Cauley, Erie, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The only issue in this appeal is whether the Superior Court erred in granting a new trial due to appellee's trial in absentia in the court of common pleas. We hold that the trial was properly held in appellee's absence and therefore reverse the order of the Superior Court.

While in custody in Erie awaiting trial on charges unrelated to this appeal, appellee Dominick...

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