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COM. v. NIEVES

876 A.2d 423 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Domingo NIEVES, Appellee.

Superior Court of Pennsylvania.

Filed May 10, 2005.

Reargument Denied July 13, 2005.

Attorney(s) appearing for the Case

Lloyd Long, III, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Kelly Davis, Philadelphia, for appellee.

Before: KLEIN, McCAFFERY and BECK, JJ.

BECK, J.:

¶ 1 This is a Commonwealth appeal challenging the trial court's grant of appellee Nieves's motion to quash charges of possession with intent to deliver. We vacate and remand for trial.

¶ 2 Following police surveillance, Nieves was arrested for selling phencyclidine (PCP) on the street in Philadelphia. He was bound over for trial and thereafter filed a Motion to Quash the Return of Transcript based on his claim that the Commonwealth failed...

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