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COM. v. COOK

366 Pa.Super. 409 (1987)

531 A.2d 483

COMMONWEALTH of Pennsylvania, Appellant, v. Michael Allen COOK.

Supreme Court of Pennsylvania.

Filed August 31, 1987.

Attorney(s) appearing for the Case

David E. Hershey, Assistant District Attorney, Harrisburg, for Com., appellant.

James P. Sheppard, Harrisburg, for appellee.

Before CIRILLO, President Judge, and ROWLEY and TAMILIA, JJ.

PER CURIAM:

The order is reversed and the case is remanded to the trial court for further proceedings consistent with Commonwealth v. Schimelfenig, 361 Pa.Super. 325, 522 A.2d 605 (1987).

TAMILIA, J., files a dissenting opinion.

TAMILIA, Judge, dissenting:

I respectfully dissent to the majority's decision to reverse the Order of the trial court and remand for...

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