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COM. v. BAKER

555 Pa. 33 (1999)

722 A.2d 1028

COMMONWEALTH of Pennsylvania, Appellant, v. Michael BAKER.

Supreme Court of Pennsylvania.

Decided January 20, 1999.

Attorney(s) appearing for the Case

Catherine Marshall, Hugh J. Burns, Jr., Philadelphia, for appellant.

John W. Packel, Michael Baker, Philadelphia, Jeffrey P. Shender, for appellee.

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

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

Justice CASTILLE files a dissenting statement in which Justice NEWMAN joins.

CASTILLE, Justice, dissenting.

The issue raised in this matter is whether the Superior Court erred by sua sponte dismissing the Commonwealth's appeal for failure to file a brief. I respectfully dissent from the majority's decision to dismiss this matter as improvidently...

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