Commonwealth v. Fithian, 689 MAL 2007.

• Decision Date: 14 February 2008
• Docket Number: No. 689 MAL 2007.,689 MAL 2007.
• Citation: 942 A.2d 894
• Parties: COMMONWEALTH of Pennsylvania, Petitioner v. Michael FITHIAN, Respondent.
• Court: Pennsylvania Supreme Court

942 A.2d 894

COMMONWEALTH of Pennsylvania, Petitioner v. Michael FITHIAN, Respondent.

No. 689 MAL 2007.

Supreme Court of Pennsylvania.

February 14, 2008.

Petition No. 689 MAL 2007 for Allowance of Appeal from the Order of the Superior Court.

Prior report: 932 A.2d 232.

ORDER

PER CURIAM.

AND NOW, this 14th day of February, 2008, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Whether the Superior Court misapplied the unambiguous language of the 2002 amendment to the compulsory joinder rule, 18 Pa.C.S.A. § 110, that limited the rule by requiring joinder of only crimes that "occurred within the same judicial district" as a former prosecution, an amendment that this Court has not yet authoritatively interpreted?

Petitioner's Application to File Amended Petition for Allowance of Appeal is DENIED.