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COM. v. JOHNSON

No. 2079 MDA 2009

11 A.3d 509 (2010)

COMMONWEALTH of Pennsylvania, Appellant v. Gary Jamal JOHNSON, Appellee.

Superior Court of Pennsylvania.

Filed December 7, 2010.

Attorney(s) appearing for the Case

Jacqueline M. Carroll , Assistant District Attorney and Frank P. Barletta , Assistant District Attorney, Wilkes-Barre, for Commonwealth, appellant.

Joseph F. Saporito, Jr. , Wilkes-Barre, for appellee.

BEFORE: PANELLA, DONOHUE, JJ. and McEWEN, P.J.E.

OPINION BY PANELLA, J.:

The Commonwealth appeals from the order entered on November 12, 2009, by the Honorable Michael T. Toole,1 Court of Common Pleas of Luzerne County, which granted the motion of Appellee, Gary Jamal Johnson, to dismiss the Criminal Information docketed at No. 1947 of 2009. After careful review, we are compelled to reverse.

The record in this case reveals that on August 12, 2008, the Commonwealth filed charges...

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