Opinion
Argued March 9, 1995.
Decided March 28, 1995.
Appeal No. 74 W.D. Appeal Dkt. 1994 from Order of Superior Court entered April 14, 1994, at No. 869 Pittsburgh 1993, 433 Pa. Super. 306, 640 A.2d 934 (1994), Reversing Judgment of Sentence of Court of Common Pleas of Allegheny County, Criminal Division, entered May 13, 1993, at No. CC 9211038 and Remanding Case.
Robert E. Colville, Dist. Atty., Sandra Preuhs, Asst. Dist. Atty., for appellant.
Stephen R. Tabano, Pittsburgh, for appellee.
Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.
ORDER
The Court being evenly divided, the order of the Superior Court is affirmed.
NIX, C.J., and FLAHERTY and CASTILLE, JJ., dissent and would reverse the order of the Superior Court.
MONTEMURO, J., is sitting by designation.