Com. v. Brown
Decision Date | 05 July 1979 |
Parties | COMMONWEALTH of Pennsylvania v. Herbert BROWN, Appellant. |
Court | Pennsylvania Supreme Court |
Robert B. Lawler, Chief, Appeals Div., Asst. Dist. Atty., Harry Tischler, Philadelphia, for respondent.
Before EAGEN, C. J., and O'BRIEN, ROBERTS, NIX, MANDERINO and LARSEN, JJ.
This appeal involves a sole question of law: Does a judge in the criminal division of the court of common pleas have the authority to review a decision of a family division judge certifying that appellant, Herbert Brown, be tried as an adult?
In late 1977 and early 1978, appellant, then sixteen years old, was charged in two separate juvenile petitions, one charging aggravated assault and the other charging robbery, aggravated assault and various weapons offenses. Following notification by the Commonwealth that it intended to try appellant as an adult, a certification hearing was held in family division of the court of common pleas pursuant to § 28 of the Juvenile Act. 1 Following the hearing, the court certified that appellant be tried as an adult.
Appellant then filed an application to quash the transfer in the criminal division of the court of common pleas, but the application was denied. Subsequently appellant filed a motion to reconsider the application to quash. The court failed to reach the merits of appellant's claim, holding that it had no authority to review a decision of a judge from another division of the same court of common pleas. Believing the case involved a controlling question of law, the court certified the case for interlocutory appeal. While the Superior Court denied permission to appeal, this court, on November 28, 1978, granted permission to appeal and retained jurisdiction of the case.
In Commonwealth v. Griffin, --- Pa.Super. ---, 390 A.2d 758, 760 (1978), the court stated:
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