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COM. v. MICELLI

392 Pa.Super. 563 (1990)

573 A.2d 606

COMMONWEALTH of Pennsylvania, Appellant, v. Dean P. MICELLI.

Supreme Court of Pennsylvania.

Filed April 20, 1990.

Attorney(s) appearing for the Case

James Gilmore, Asst. Dist. Atty., Pittsburgh, for Com., appellee.

Norma Chase, Pittsburgh, for appellee.

Before TAMILIA, KELLY and CERCONE, JJ.

TAMILIA, Judge:

This is an appeal by the Commonwealth from the trial court's Order of June 28, 1989, denying the Commonwealth's request for postponement or, in the alternative, the petition for nolle prosse, and dismissing the charges with prejudice.

Appellee was charged on December 20, 1988 with two counts of driving under the influence1 and one count of possession of drug paraphernalia2 after an investigation...

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