Summary
In Commonwealth v. Dunn, 95 A.3d 272, 273 (Pa. 2014) (per curiam), our Supreme Court granted allowance of appeal, vacated a decision of this Court, and remanded for reconsideration in light of Gary. If Gary applied prospectively only, there would be no need to order this Court to reconsider a decision applying the now-superseded limited automobile exception.
Summary of this case from Com. v. ThomasOpinion
2014-07-1
COMMONWEALTH of Pennsylvania, Petitioner v. Eric DUNN, Respondent.
Petition for Allowance of Appeal, No. 777 MAL 2012, from the Unpublished Memorandum and Order of the Superior Court at No. 1568 EDA 2011 filed September 5, 2012, affirming the Order of the Delaware County Court of Common Pleas at No. CP–23–CR–0004639–2009 filed May 6, 2011.
ORDER
PER CURIAM.
AND NOW, this 1st day of July, 2014, it is hereby ordered that the Petition for Allowance of Appeal is GRANTED, the decision of the Superior Court is VACATED, and the matter is REMANDED to that court in light of this Court's decision in Commonwealth v. Gary, 91 A.3d 102 (Pa.2014). See Gary, at 138 (holding Pennsylvania law governing warrantless searches of motor vehicles is coextensive with federal law). Jurisdiction relinquished.