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COM. v. JOHNSON

764 A.2d 1094 (2000)

COMMONWEALTH of Pennsylvania, Appellee, v. Lee JOHNSON, Appellant.

Superior Court of Pennsylvania.

Filed December 20, 2000.

Attorney(s) appearing for the Case

Barnaby Wittels, Philadelphia, for appellant.

Catherine L. Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before KELLY, LALLY-GREEN and HESTER, JJ.

HESTER, J.:

¶ 1 We are presented with the issue of whether a defendant is entitled to a new trial due to the fact the trial transcript is unavailable when that unavailability is a direct result of the fact that the defendant was a fugitive from justice for ten years. We conclude that since a defendant cannot benefit in any manner from his own decision to flee from justice, no relief is due.

¶ 2 On November...

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