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COM. v. BROWN

873 A.2d 1275 (2005)

COMMONWEALTH of Pennsylvania, Appellant v. Jerome BROWN, Appellee.

Supreme Court of Pennsylvania.

Decided May 16, 2005.

Attorney(s) appearing for the Case

Edward Michael Marsico, Jr, Harrisburg, James Patrick Barker, Williamsport, for the Com. of PA, appellant.

Monica D. Cliatt, George Shultz, Harrisburg, for Jerome Brown, appellee.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

ORDER

PER CURIAM.

AND NOW, this 16th day of May, 2005, the Order of the Superior Court is hereby AFFIRMED.

Justice EAKIN files a dissenting statement in which Justice CASTILLE joins.

Justice EAKIN dissenting.

I respectfully dissent from the Court's per curiam affirmance of the Superior Court's order vacating appellee's judgment of sentence.

The magistrate...

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