Opinion
November 17, 1975.
February 2, 1976.
Criminal Law — Practice — Commonwealth v. Campana, 452 Pa. 233 (1973) explained — Dismissal of one charge not requiring dismissal of remaining charges.
1. Commonwealth v. Campana, 452 Pa. 233 (1973) requires only that all charges arising out of the same criminal transaction be brought at the same time.
2. Dismissal of one charge does not necessitate the dismissal of the remaining charges.
Submitted November 17, 1975.
Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT, and SPAETH, JJ.
Appeal, No. 345, April T., 1975, from order of Court of Common Pleas, Criminal Division, of Allegheny County, Dec. T., 1974, No. 5745A, in case of Commonwealth of Pennsylvania v. Wayne Falgiani. Order reversed and case remanded for trial.
Proceedings upon motion by defendant to quash indictment charging violation of The Vehicle Code.
Order entered quashing indictment, order by SCHWARTZ, J. Commonwealth appealed.
Charles W. Johns and Robert L. Eberhardt, Assistant District Attorneys, John M. Tighe, First Assistant District Attorney, and John J. Hickton, District Attorney, for Commonwealth, appellant.
Stephen P. Swem, Trial Defender, John J. Dean, Chief, Appellate Division, and Ralph J. Cappy, Public Defender, for appellee.
Appellant was charged with two misdemeanors: operating a motor vehicle while license is under suspension and resisting arrest. At the preliminary hearing, the magistrate dismissed the resisting arrest charge, and appellant was bound over on the other charge. Thereafter, the appellant filed a pretrial motion to quash the indictment. Because the lower court found that Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated on other grounds 414 U.S. 808, on remand 455 Pa. 622, 314 A.2d 854 (1974), required the dismissal of all charges arising out of the same criminal episode upon the dismissal of one, it granted appellant's motion. The Commonwealth appeals.
Commonwealth v. Campana, supra, requires only that all charges arising out of the same criminal transaction be brought at the same time. There is no requirement that the dismissal of one charge necessitates the dismissal of the remaining charges. The Commonwealth complied fully with Campana in the instant case.
Order reversed and case remanded for trial.