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COM. v. SIMONE

712 A.2d 770 (1998)

COMMONWEALTH of Pennsylvania v. Janet Alice SIMONE, Appellant.

Superior Court of Pennsylvania.

Filed May 21, 1998.

Attorney(s) appearing for the Case

Laurence M. Kelly, Montrose, for appellant.

David S. Price, Asst. Dist. Atty., Montrose, for the Com., appellee.

Before TAMILIA, OLSZEWSKI and BECK, JJ.

TAMILIA, Judge.

Appellant, Janet A. Simone, challenges the Order of February 28, 1997, whereby the trial court denied appellant's motion to dismiss the information and prevent reprosecution. Appellant claims the trial court erred in denying her motion because the double jeopardy clauses of the United States and Pennsylvania Constitutions bar retrial when the prosecution either intentionally deprives a defendant of a fair trial or intentionally

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