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COMMONWEALTH v. SPEARS

743 A.2d 512 (1999)

COMMONWEALTH of Pennsylvania, Appellee, v. Calvin SPEARS, Appellant.

Superior Court of Pennsylvania.

Filed December 20, 1999.

Attorney(s) appearing for the Case

Peter J. Lesh, Philadelphia, for appellant.

Catherine Marshall, Asst. Dist. Atty., Philadelphia, for Commonwealth, appellee.

Before FORD ELLIOTT and JOYCE, JJ., and CIRILLO, President Judge Emeritus.

CIRILLO, President Judge Emeritus:

¶ 1 Calvin Spears appeals from the judgment of sentence entered in the Court of Common Pleas of Philadelphia County. We reverse and remand for a new trial.

¶ 2 On September 23, 1994, at approximately 3:22 a.m., Philadelphia Police Officer Kenneth Hermes was in his patrol car which was parked on the 700 Block of West Huntingdon Avenue in Philadelphia. While parked at that...

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