COM. v. KEHOE


863 A.2d 1202 (2004)

COMMONWEALTH of Pennsylvania, Appellant v. Michael A. KEHOE, Appellee.

Superior Court of Pennsylvania.

Filed December 10, 2004.


Attorney(s) appearing for the Case

David W. Lupas, Asst. Dist. Atty., Wilkes-Barre, for Com., appellant.

John Hakim, Wilkes-Barre, for appellee.

Before: DEL SOLE, P.J., FORD ELLIOTT, STEVENS, ORIE MELVIN, LALLY-GREEN, TODD, GANTMAN, McCAFFERY, and PANELLA, JJ.


STEVENS, J.:

¶ 1 The Commonwealth appeals from the order entered by the Court of Common Pleas of Luzerne County, which acted under 61 P.S. § 2141 in granting Appellee a temporary furlough from county prison to attend an inpatient drug treatment program at a separate rehabilitation center. Specifically, the Commonwealth argues that the court lacked furlough jurisdiction under Section 2141 because Appellee "was serving a state sentence with a minimum of two...

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