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COM. v. KOTZ

411 Pa.Super. 319 (1992)

601 A.2d 811

COMMONWEALTH of Pennsylvania, Appellee, v. David KOTZ, Appellant.

Superior Court of Pennsylvania.

Filed January 2, 1992.

Attorney(s) appearing for the Case

Albert J. Flora, Jr., Wilkes-Barre, for appellant.

Jerome L. Cohen, Asst. Dist. Atty., Wilkes-Barre, for Com., appellee.

Before DEL SOLE, POPOVICH and CERCONE, JJ.

POPOVICH, Judge:

The defendant/appellant, David Kotz, seeks review of the March 18, 1991, order of the Court of Common Pleas of Luzerne County (per President Judge Patrick J. Toole) vacating, sua sponte, the judgment of sentence at Criminal Information No. 2712 of 1990. We reverse.

The facts of record reveal the following scenario: On October 24, 1990, the District Attorney of Luzerne County approved...

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