COM. v. SURINA


438 Pa.Super. 333 (1995)

652 A.2d 400

COMMONWEALTH of Pennsylvania, Appellant, v. Joseph SURINA.

Superior Court of Pennsylvania.

Filed January 5, 1995.


Attorney(s) appearing for the Case

George S. Leone, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Mark E. Gottlieb, Philadelphia, for appellee.

Before OLSZEWSKI, JOHNSON and HESTER, JJ.


JOHNSON, Judge.

The Commonwealth appeals from the order granting Joseph Surina's motion in limine to exclude his breathalyzer test results, denying the Commonwealth's request for an appeal from that ruling, and discharging the case. For the reasons set forth below, we reverse the order of the trial court and remand this matter for further proceedings.

The facts are as follows: After returning from a fire, Firefighter Edward Wrenn was standing at the...

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