Opinion
30 EAL 2024 31 EAL 2024
07-01-2024
COMMONWEALTH OF PENNSYLVANIA, Petitioner v. ROBERT REDANAUER, Respondent COMMONWEALTH OF PENNSYLVANIA, Petitioner v. ROBERT REDANAUER, Respondent
Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 1631EDA 2021, at 307 A.3d 767 (Pa. Super. 2023) entered on December 28, 2023, quashing the Order of the Philadelphia County Court of Common Pleas at Nos. MC-51-CR-0007444-2021 and MC-51-CR-0007445-2021 entered on July 15, 2021
Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No.1632EDA 2021, at 307 A.3d 767 (Pa. Super. 2023) entered on December 28, 2023, quashing the Order of the Philadelphia County Court of Common Pleas at Nos. MC-51-CR-0007444-2021 and MC-51-CR-0007445-2021 entered on July 15, 2021
ORDER
PER CURIAM
AND NOW, this 1st day of July, 2024, we GRANT the Petition for Allowance of Appeal, REVERSE the decision of the Superior Court quashing the Commonwealth's appeal, and REMAND to the Superior Court with instructions to remand to the Court of Common Pleas to determine whether the Commonwealth established a prima facie case on MC-51-CR-0007445-2021. See N.T. 7/15/2021 at 9 ("We are at a preliminary hearing."); Commonwealth v. Hetherington, 331 A.2d 205, 208 (Pa. 1975) ("[a] finding . . . that the Commonwealth has failed to establish a prima facie case is not a final determination, such as an acquittal, and only entitles the accused to his liberty for the present, leaving him subject to rearrest"); Commonwealth v. Bronson, 393 A.2d 453, 454 (Pa. 1978) ("claim of double jeopardy must fail if . . . jeopardy never attached").
Justice McCaffery did not participate in the consideration or decision of this matter.