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COM. v. PEREZ

525 Pa. 132 (1990)

577 A.2d 1340

COMMONWEALTH of Pennsylvania, Appellant, v. Erinaldo PEREZ.

Supreme Court of Pennsylvania.

Decided August 1, 1990.

Attorney(s) appearing for the Case

Anthony Sarcione, Executive Deputy Atty. Gen., Robert A. Graci, Andrew B. Kramer, Chief Deputy Attys. Gen., and Andrea F. McKenna, Deputy Atty. Gen., for appellant.

Michael S. Gingerich, Lewistown, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

ORDER

PER CURIAM:

Appeal dismissed as having been improvidently granted.

McDERMOTT, J., files a dissenting opinion in which LARSEN and PAPADAKOS, JJ., join.

McDERMOTT, Justice, dissenting.

I am unable to conclude as has the majority that we improvidently granted allocatur in this matter.

In 1984 the appellee pled guilty to two counts of conspiracy to distribute drugs. One count alleged that he and twelve other named persons...

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