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922 A.2d 871

Commonwealth v. Gray

Supreme Court of Pennsylvania

Decided April 4, 2007

Supreme Court of Pennsylvania · decided 2007-04-04

Relies on Commonwealth v. Whitmore

Decided 2007-04-04

¶1ORDER

PER CURIAM.

¶2AND NOW, this 4th day of April 2007, the Petition for Allowance of Appeal is GRANTED in part, and decision of the Superior Court is REVERSED to the extent that the court sua sponte removed the sentencing judge on remand, as that directive exceeded the Superior Court’s authority. See Commonwealth v. Whitmore, 912 A.2d 827 (Pa.2006). The matter is remanded to the Superior Court for remand to the trial court consistently with this Order.

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