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COM. v. AHEARN

543 Pa. 174 (1996)

670 A.2d 133

COMMONWEALTH of Pennsylvania, Appellee, v. Charles D. AHEARN, III, Appellant.

Supreme Court of Pennsylvania.

Decided January 18, 1996.

Attorney(s) appearing for the Case

William A. Hebe, Wellsboro, for C. Ahearn.

Jeff Leber, Dennis E. Boyle, Coudersport, for Commonwealth.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

CASTILLE, Justice.

This case presents the sole issue of whether the Commonwealth can remove a nolle prosequi and refile criminal charges against a criminal defendant when the nolle prosequi was entered on the same day that the criminal defendant pled guilty to other criminal charges resulting from a separate and unrelated criminal incident. For the reasons expressed below, we hold that the Commonwealth's removal of such a

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