Opinion
<span>No. 384 EAL 2016</span> <span>No. 385 EAL 2016</span> <span>No. 386 EAL 2016</span>
02-28-2017
COMMONWEALTH of Pennsylvania, Petitioner v. Jawayne K. BROWN, Respondent Commonwealth of Pennsylvania, Petitioner v. Richard Brown, Respondent Commonwealth of Pennsylvania, Petitioner v. Aquil Bond, Respondent
ORDER
PER CURIAM.
AND NOW, this 28th day of February, 2017, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the following issue:
Should a claim barring retrial on the basis of double jeopardy pursuant to Commonwealth v. Smith, 615 A.2d 321 (Pa. 1992), require factual findings made by the original trial judge, or a hearing based on further testimony, regarding the intent of the prosecutor?
Allocatur is DENIED as to the remaining issue.