Commonwealth v. Redanauer, R.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 30 EAL 2024 :

Petitioner : : Petition for Allowance of Appeal : from the Published Opinion and v. : Order of the Superior Court at No. : 1631 EDA 2021, at 307 A.3d 767 : (Pa. Super. 2023) entered on ROBERT REDANAUER, : December 28, 2023, quashing the : Order of the Philadelphia County Respondent : Court of Common Pleas at Nos. : MC-51-CR-0007444-2021 and MC- : 51-CR-0007445-2021 entered on : July 15, 2021

COMMONWEALTH OF PENNSYLVANIA, : No. 31 EAL 2024 :

Petitioner : : Petition for Allowance of Appeal : from the Published Opinion and v. : Order of the Superior Court at No. : 1632 EDA 2021, at 307 A.3d 767 : (Pa. Super. 2023) entered on ROBERT REDANAUER, : December 28, 2023, quashing the : Order of the Philadelphia County Respondent : Court of Common Pleas at Nos. : MC-51-CR-0007444-2021 and MC- : 51-CR-0007445-2021 entered on : July 15, 2021

ORDER

PER CURIAM

AND NOW, this 1st day of July, 2024, we GRANT the Petition for Allowance of

Appeal, REVERSE the decision of the Superior Court quashing the Commonwealth’s

appeal, and REMAND to the Superior Court with instructions to remand to the Court of

Common Pleas to determine whether the Commonwealth established a prima facie case

on MC-51-CR-0007445-2021. See N.T. 7/15/2021 at 9 (“We are at a preliminary

hearing.”); Commonwealth v. Hetherington, 331 A.2d 205, 208 (Pa. 1975) (“[a] finding . .

. that the Commonwealth has failed to establish a prima facie case is not a final

determination, such as an acquittal, and only entitles the accused to his liberty for the

present, leaving him subject to rearrest”); Commonwealth v. Bronson, 393 A.2d 453, 454

(Pa. 1978) (“claim of double jeopardy must fail if . . . jeopardy never attached”).

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

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