COM. v. GARZONE

Nos. 53 EAP 2010, 54 EAP 2010.

34 A.3d 67 (2012)

COMMONWEALTH of Pennsylvania, Appellant v. Gerald GARZONE, Appellee. Commonwealth of Pennsylvania, Appellant v. Louis Garzone, Appellee.

Supreme Court of Pennsylvania.

Decided January 19, 2012.


Attorney(s) appearing for the Case

Hugh J. Burns, Jr. , Ronald Eisenberg , Philadelphia District Attorney's Office, Philadelphia, Joseph E. McGettigan III , Rufus Seth Williams , Office of the District Attorney of Philadelphia County, for Commonwealth of Pennsylvania.

William J. Brennan , Law Offices of William J. Brennan, Philadelphia, John W. Morris , for Gerald Garzone.

John W. Morris for Louis Garzone.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Chief Justice CASTILLE.

The issue in these consolidated appeals involves the construction of 16 P.S. § 7708, applicable to Pennsylvania counties of the first class, which provides that "in cases where a defendant is convicted and sentenced to pay the costs of prosecution and trial, the expenses of the district attorney, in connection with such prosecution, shall be considered a part of the costs of the cases and be paid by the defendant...

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