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COM. v. BORGER

429 Pa.Super. 209 (1993)

632 A.2d 309

COMMONWEALTH of Pennsylvania, Appellee, v. Alan BORGER, Appellant.

Superior Court of Pennsylvania.

Filed October 12, 1993.

Attorney(s) appearing for the Case

William P. Wismer, Asst. Public Defender, Allentown, for appellant.

Robert L. Steinberg, Dist. Atty., Allentown, for Com., appellee.

Before OLSZEWSKI, JOHNSON and HUDOCK, JJ.

HUDOCK, Judge:

In this appeal we are asked to determine whether a trial court retains discretion to reinstate the post-verdict motions of a defendant whose motions were dismissed after he became a fugitive, once he is returned to the jurisdiction of that court before an appeal is filed. After a careful review of precedent, we find that the trial court retains such discretion. Thus, we reverse and remand.

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