COMMONWEALTH v. SMILEY, 558 Pa. 381 (1999)

737 A.2d 250

COMMONWEALTH OF PENNSYLVANIA, Appellee v. MARTIN DAVID SMILEY, Appellant

[J-132-99]Supreme Court of Pennsylvania, Western District.Argued September 14, 1999.
Decided October 4, 1999.

Appeal from the Order of the Superior Court entered July 30, 1998, at No. 1404PGH97, affirming the Judgment of Sentence of the Court of Common Pleas of Erie County, Criminal Division, entered May 19, 1997, at No. 00777 of 1996, No. 31 W.D. Appeal Docket 1999.

Joseph P. Burt, for Martin David Smiley.

Joseph P. Conti, Lisa M. Schlosser, for Com.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN, and SAYLOR, JJ.

Prior report: Pa.Super., 724 A.2d 960.

ORDER
PER CURIAM:

Appeal dismissed as having been improvidently granted.

Messrs. Justice Zappala and Saylor dissent.

Page 382