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COM. v. MOLINA

No. 1948 WDA 2007.

2 A.3d 1244 (2010)

COMMONWEALTH of Pennsylvania, Appellee v. Michael MOLINA, Appellant.

Superior Court of Pennsylvania.

Filed August 13, 2010.

Attorney(s) appearing for the Case

Thomas N. Farrell, Pittsburgh, for appellant.

Michael W. Streily, Deputy District Attorney, Francesco L. Nepa, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

BEFORE: SHOGAN, COLVILLE and CLELAND, JJ.

OPINION BY CLELAND, J.

Appellant, Michael Molina (Molina), appeals the judgment of sentence of the Court of Common Pleas of Allegheny County entered on March 15, 2007. The issue is whether the Commonwealth may urge the jury to use a non-testifying defendant's pre-arrest silence as evidence of his guilt. We conclude it cannot. Accordingly, we reverse the judgment of sentence and remand for a new trial.

The trial court...

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