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COM. v. LUTZ

443 Pa.Super. 262 (1995)

661 A.2d 405

COMMONWEALTH of Pennsylvania, Appellant v. Alfred Franklin LUTZ.

Superior Court of Pennsylvania.

Filed July 12, 1995.

Attorney(s) appearing for the Case

W. Andrew Worthington, Asst. Dist. Atty., Stroudsburg, for the Com., appellant.

Colleen M. Nevins, Asst. Public Defender, Stroudsburg, for appellee.

Before BECK, TAMILIA and CERCONE, JJ.

CERCONE, Judge:

This is an appeal by the Commonwealth of an order of the lower court granting appellee's petition for habeas corpus relief. We reverse and remand.

The lower court stated the procedural history of the case as follows:

On February 16, 1994, Defendant, Alfred Franklin Lutz, was arrested and charged with driving under the influence of alcohol, 75 Pa.C.S.A. § 3731(a)(1), and various related traffic offenses following an automobile...

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