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COM. v. MILLER

430 Pa.Super. 297 (1993)

634 A.2d 614

COMMONWEALTH of Pennsylvania v. Ardella MILLER, Appellant.

Superior Court of Pennsylvania.

Filed November 18, 1993.

Attorney(s) appearing for the Case

Shelley Stark, Public Defender, Pittsburgh, for appellant.

Sandra Preuhs, Asst. Dist. Atty., Pittsburgh, for Com.

Before ROWLEY, President Judge, and WIEAND, CIRILLO, DEL SOLE, TAMILIA, KELLY, POPOVICH, HUDOCK and FORD ELLIOTT, JJ.

HUDOCK, Judge:

This is an appeal from the judgment of sentence imposed after Appellant was convicted of murder of the third degree1 at a nonjury trial. Post-trial motions were denied, and Appellant was sentenced to five to twelve years imprisonment. A petition for reconsideration of sentence was denied by the court below and this direct appeal followed. We vacate Appellant's third degree murder conviction and remand for an evidentiary...

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