COM. v. REGA


856 A.2d 1242 (2004)

COMMONWEALTH of Pennsylvania, Appellee, v. Robert Gene REGA, Appellant.

Superior Court of Pennsylvania.

Filed August 23, 2004.


Attorney(s) appearing for the Case

George N. Zanic, Huntingdon, for appellant.

Jeffrey D. Burkett, Asst. Dist. Atty., Brookville, for Com., appellee.

BEFORE: LALLY-GREEN, GANTMAN, and CAVANAUGH, JJ.


OPINION BY GANTMAN, J.:

¶ 1 Appellant, Robert Gene Rega, asks us to determine whether the trial court erred when it granted the Commonwealth's motion for nolle prosequi without prejudice and without giving him notice or an opportunity to be heard. We hold Appellant must be given notice and an opportunity to oppose the Commonwealth's motion for nolle prosequi. Accordingly, we vacate the court's order granting the nolle prosequi, and remand...

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