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COM. v. LA BELLE

531 Pa. 256 (1992)

612 A.2d 418

COMMONWEALTH of Pennsylvania, Appellee, v. Lawrence Todd LA BELLE, Appellant.

Supreme Court of Pennsylvania.

Decided June 17, 1992.

Attorney(s) appearing for the Case

Nicolette Parisi, Arlin M. Adams, Carl A. Solano, for appellant.

Francis P. Sempa, Deputy Atty. Gen., Michael J. Barrassee, Asst. Dist. Atty., for appellee.

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

OPINION OF THE COURT

FLAHERTY, Justice.

The issue raised by this case is whether the Commonwealth may bring a second prosecution on the same criminal charge when the new prosecution was brought within the statute of limitations for the applicable charge, but the Commonwealth chose not to appeal an order dismissing the first criminal prosecution because of a non-remediable defect.

La Belle was involved in a one-car accident on June 2, 1985. Eight...

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