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COM. v. FITHIAN

No. 10 MAP 2008, No. 11 MAP 2008.

961 A.2d 66 (2008)

COMMONWEALTH of Pennsylvania, Appellant v. Michael FITHIAN, Appellee. Commonwealth of Pennsylvania, Appellant v. Edward Borzelleca, Appellee.

Supreme Court of Pennsylvania.

Decided December 17, 2008.

Attorney(s) appearing for the Case

James Francis X. Reilly, Media, George Michael Green, for the Com. of PA, appellant.

Patricia Eileen Coonahan, Montgomery County Dist. Attorney's Office, for the Com. of PA, Montgomery County Dist. Attorney's Office, appellant amici curiae.

Francis John Genovese, Solomon, Berschler, Warren, Schatz, Flood & Monaghan, P.C., Norristown, for Edward Borzelleca, appellee.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.

OPINION

Justice TODD.

In this appeal by allowance, we interpret for the first time the General Assembly's 2002 amendments to 18 Pa.C.S.A. § 110, commonly known as the compulsory joinder statute. Generally speaking, the compulsory joinder statute sets forth the requirements for when a current prosecution is precluded due to a former prosecution for a different offense. For the reasons set forth below, we conclude the Superior Court properly found...

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