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COM. v. BREZAN

418 Pa.Super. 243 (1992)

614 A.2d 252

COMMONWEALTH of Pennsylvania, Appellant, v. John Edward BREZAN, Appellee.

Superior Court of Pennsylvania.

Filed August 14, 1992.

Reargument Denied October 23, 1992.

Attorney(s) appearing for the Case

Jacquelyn C. Paradis, Asst. Dist. Atty., Allentown, for Com., appellant.

William P. Wismer, Asst. Public Defender, Allentown, for appellee.

Before JOHNSON, FORD ELLIOTT and HOFFMAN, JJ.

JOHNSON, Judge.

The Commonwealth appeals from an order of the Lehigh County Court of Common Pleas which granted John Brezan's Motion for a New Trial. Because the order granting a new trial, on its face, relied exclusively on an unpublished memorandum decision of this court, we are constrained to vacate the order granting a new trial, vacate the judgment of sentence entered previously thereto, and remand for further...

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