Opinion
Submitted October 23, 1992.
Decided November 10, 1992. Reconsideration Denied January 1993.
Appeal No. 109 E.D. Appeal Docket 1991 from the June 13, 1990 order of the Superior Court at No. 1180 Philadelphia 1989, affirming the judgment of sentence of the Court of Common Pleas of Philadelphia County, Trial Division, Criminal Section, May Term 1987, at Nos. 2431 and 2433 and March Term 1987, at Nos. 3178, 3179, 3181, 3184, 3191, 3193 and 3195.
Daniel M. Preminger, Philadelphia, for appellant.
Ronald Eisenberg, Deputy Dist. Atty., Catherine Marshall, Chief, Appeals Div., Laurie Magid, Asst. Dist. Atty., Lori Lowenthal Stern, Philadelphia, for amicus-Support Center for Child Advocates, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
The order of the Superior Court, 394 Pa. Super. 591, 576 A.2d 1005 (1990), is reversed on the basis of Commonwealth v. Ludwig, 527 Pa. 472, 594 A.2d 281 (1991). The judgment of sentence is vacated and the case is remanded to the Court of Common Pleas of Philadelphia for a new trial.
NIX, C.J., and FLAHERTY, J., note their dissent based on their dissents in Commonwealth v. Ludwig, 527 Pa. 472, 594 A.2d 281 (1991).