Opinion
Argued: October 23, 1995.
Decided: November 22, 1995.
Appeal No. 101 E.D. Appeal Dkt. 1994, from Order of Superior Court entered July 15, 1994, at No. 2947 Philadelphia 1993, 437 Pa. Super. 662, 649 A.2d 458, Reversing Order of Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, entered August 16, 1993, at No. 0634, September Term, 1992, and Remanding Case.
John W. Packel, Jeffrey P. Shender, Philadelphia, for Nicodemo Colon.
Catherine Marshall, Joan Weiner, Philadelphia, for Commonwealth.
Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.
ORDER
Order of Superior Court reversed. See Morrison v. Commonwealth, Department of Public Welfare, 538 Pa. 122, 646 A.2d 565 (1994).
CASTILLE, J., dissents.
MONTEMURO, J., participates by designation as a senior judge as provided by Pa.R.J.A. No. 701(f).