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COM. v. BRACALIELLY

540 Pa. 460 (1995)

658 A.2d 755

COMMONWEALTH of Pennsylvania, Appellee, v. Mark BRACALIELLY, Appellant. COMMONWEALTH of Pennsylvania, Appellee, v. Raymond STARR, Appellant.

Supreme Court of Pennsylvania.

Decided May 16, 1995.

Reconsideration Denied July 19, 1995.

Attorney(s) appearing for the Case

Paul D. Boas, Mark D. Lancaster, Berlin, Boas & Isaacson, Pittsburgh, for appellant in No. 74.

Lynn Erickson, Leesport, for appellant in No. 13.

David M. McGlaughlin, Newman & McGlaughlin, Philadelphia, for amicus curiae Pennsylvania Ass'n of Crim. Defense Lawyers in No. 13.

Robert E. Colville, Dist. Atty., Claire C. Capristo, Deputy Dist. Atty., Kemal A. Mericli, Kevin F. McCarthy, Asst. Dist. Atty., for appellee in No. 74.

Claude A. Lord Shields, Dist. Atty., Jacqueline L. Russell, Asst. Dist. Atty., for appellee in No. 13.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.

MONTEMURO, Justice.

This consolidated appeal requires us to determine whether we should bar the instant prosecutions. Appellants contend that because these prosecutions arise from conduct which forms part of the same criminal episode on which previous prosecutions were based, 18 Pa.C.S. § 110 requires their dismissal. The Commonwealth argues that the instant prosecutions are not based on conduct constituting the same criminal episode as the previous prosecutions...

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