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COMMONWEALTH v. HUGGINS

790 A.2d 1042 (2002)

COMMONWEALTH of Pennsylvania, Appellant v. Gary R. HUGGINS, Appellee.

Superior Court of Pennsylvania.

Filed January 10, 2002.

Attorney(s) appearing for the Case

Elmer D. Christine, Asst. Dist. Atty., Stroudsburg, for Com., appellant.

Lawrence A.J. Spegar, Mount Pocono, for appellee.

Before: DEL SOLE, President Judge, CAVANAUGH, J., McEWEN, President Judge Emeritus, JOHNSON, JOYCE, STEVENS, MUSMANNO, LALLYGREEN, and TODD, JJ.

MUSMANNO, J.:

¶ 1 The Commonwealth appeals from the Order entered on March 31, 2000, which granted Appellee Gary Huggins's ("Huggins") Motion to dismiss certain charges filed against him and to suppress evidence. We affirm in part and reverse in part.

¶ 2 On July 10, 1998, at about 5:15 p.m., Huggins fell asleep while driving a passenger van on Interstate 80. After Huggins's van struck another vehicle,...

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