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591 Pa. 397

Commonwealth v. Whitman

Supreme Court of Pennsylvania

Decided April 3, 2007

Supreme Court of Pennsylvania · decided 2007-04-03

Relies on Commonwealth v. Whitmore

Decided 2007-04-03

¶1ORDER

PER CURIAM.

¶2AND NOW, this 3rd day of April, 2007, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following issue:

Whether the Superior Court exceeded its authority in sua sponte ordering resentencing before a different judge?

¶3To the extent that the order of the Superior Court required that a new trial judge be assigned to preside over Respondent’s resentencing, the court erred; its order is Reversed, and the matter is Remanded to the common pleas court for proceedings consistent with Commomvealth v. Whitmore, 912 A.2d 827 (2006).

Mr. Justice Fitzgerald did not participate in the consideration or decision of this matter.
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