Opinion
Submitted March 22, 1976.
October 18, 1976.
Proceedings upon petition by Commonwealth for nolle prosequi of charge of sodomy. Order entered granting petition and imposing costs on defendant, order by SUGERMAN, J. Defendant appealed. Appeal, No. 1800, Oct. T., 1975, from Court of Common Pleas of Chester County, Sept. T., 1972, No. 111. Submitted March 22, 1976.
Michael S. Barranco, Assistant Public Defender, and John R. Merrick, Public Defender, for appellant; Paula Francisco, Assistant District Attorney, and William H. Lamb, District Attorney, for Commonwealth, appellee.
The order of the lower court is reversed insofar as it imposed the costs of prosecution on the appellant. The case is remanded with instructions to hold a hearing on the issues raised by appellant's application.