COM. v. RIVERA


939 A.2d 355 (2007)

COMMONWEALTH of Pennsylvania, Appellee v. Carlos RIVERA, Appellant.

Superior Court of Pennsylvania.

Filed December 3, 2007.

Reargument Denied February 7, 2008.


Attorney(s) appearing for the Case

Burton A. Rose, Philadelphia, for appellant.

Peter Carr, Asst. Dist. Atty., Philadelphia, for the Com., appellee.

BEFORE: MUSMANNO, PANELLA and DANIELS, JJ.


OPINION BY DANIELS, J.:

¶ 1 Appellant appeals from the judgment of sentence imposed on September 22, 2006. For the following reasons, we remand this case to the trial court for an evidentiary hearing on the after-discovered evidence issue.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

¶ 2 The underlying incident in this case occurred on November 14, 2002, in Philadelphia. An undercover detective, Sergeant DiJoseph, from the New Jersey...

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