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COM. v. BROWN

708 A.2d 81 (1998)

COMMONWEALTH of Pennsylvania, Appellant, v. Michael Reuben BROWN, Appellee.

Supreme Court of Pennsylvania.

Decided February 17, 1998.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., Mary Benefield Seiverling, Harrisburg, Catherine Marshall, Philadelphia, for the Com.

Michael Reuben Brown, Pro Se.

Barry L. Smith, Warren, for Jay William Buckley.

John J. Kerrigan, Newtown, for Criminal Defense Lawyers, Amicus Curiae.

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

ORDER

PER CURIAM.

THE COURT BEING EVENLY DIVIDED, THE ORDER OF THE SUPERIOR COURT IS AFFIRMED.

NIGRO, J., files an Opinion in Support of Affirmance in which FLAHERTY, C.J., joins and ZAPPALA, J., concurs in the result.

CAPPY, J., files an Opinion in Support of Reversal in which CASTILLE and NEWMAN, JJ., join.

SAYLOR, J., did not participate in the consideration or decision of this matter.

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