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COM. v. CARBO

822 A.2d 60 (2003)

COMMONWEALTH of Pennsylvania, Appellant v. Richard D. CARBO, Appellee.

Superior Court of Pennsylvania.

Filed April 11, 2003.

Attorney(s) appearing for the Case

Mary M. Killinger, Asst. Dist. Atty., Norristown, for Com., appellant.

Thomas P. Rogers, Norristown, for appellee.

Before: McEWEN, P.J.E., JOHNSON, HUDOCK, FORD ELLIOTT, JOYCE, ORIE MELVIN, TODD, KLEIN and BOWES, JJ.

JOYCE, J.

¶ 1 The Commonwealth of Pennsylvania appeals from the March 1, 2001 order of the Court of Common Pleas of Montgomery County granting the petition for writ of habeas corpus filed by Appellee, Richard D. Carbo. Upon review, we reverse and remand for proceedings consistent with this Opinion. The relevant facts and procedural history are as follows.

¶ 2 On August 21, 2000, Appellee was arrested and charged with theft by extortion, receiving...

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