Opinion
No. 90 Eastern District Appeal Docket 1986.
Argued December 12, 1989.
Decided September 19, 1990. Reargument Denied November 16, 1990.
Appeal No. 41 E.D. Appeal Docket 1987 (J-158-1989), from the Judgment of Sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, as of Information No. 3329 October Term, 1984, Entered on January 23, 1986.
Marilyn J. Gelb, Philadelphia, for appellant.
Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Chief, Appeals Div., Hugh Burns, Robert A. Graci, Chief Deputy Atty. Gen., for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.
ORDER
In view of the trial court's failure to comply explicitly with the mandate of Commonwealth v. Neely, 522 Pa. 236, 561 A.2d 1 (1989), the verdict and sentence are vacated and the case is remanded for new trial.