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COM. v. MALDONADO

Nos. 1185 MDA 2007, 1186 MDA 2007.

966 A.2d 1144 (2009)

COMMONWEALTH of Pennsylvania, Appellant v. Felipo MALDONADO, Appellee. Commonwealth of Pennsylvania, Appellant v. Reinaldo Ortiz-Santana, Appellee.

Superior Court of Pennsylvania.

Filed January 27, 2009.

Reargument Denied April 2, 2009.

Attorney(s) appearing for the Case

Jonathan H. Kurland, Asst. Dist. Atty., Reading, for Com., appellant.

Eric J. Taylor, Reading, for appellees.

BEFORE: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.

OPINION BY STEVENS, J.:

¶ 1 This is a consolidated appeal from the order entered by the Court of Common Pleas of Berks County granting Appellees' respective petitions for Writ of Habeas Corpus and dismissing the charge of Escape, 18 Pa.C.S.A. § 5121(a) that had been filed against each parolee for leaving a detainment facility without permission. The Commonwealth argues the trial court erred in concluding section 5121 necessarily excludes from its reach parole...

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