Commonwealth v. Kline, K. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : : Petitioner : : : v. : : : KENNETH R. KLINE, : : Respondent No. 834 MAL 2012 Petition for Allowance of Appeal from the Unpublished Memorandum and Order of the Superior Court at No. 462 MDA 2011 filed September 20, 2012, affirming the Judgment of Sentence of the Berks County Court of Common Pleas at No. CP-06-CR-0005240-2007 filed December 19, 2008 ORDER PER CURIAM DECIDED: March 5, 2014 AND NOW, this 5th day of March, 2013, the Petition for Allowance of Appeal is GRANTED, the portion of the Superior Court s order which vacated Respondent s judgment of sentence with regard to his conviction for conspiracy to commit third-degree murder is VACATED, and the matter is REMANDED to the Superior Court for reinstatement of Respondent s judgment of sentence for conspiracy to commit thirddegree murder pursuant to Commonwealth v. Fisher, et. al., __A.3d__, 2013 WL 5827178 (Pa. filed October 30, 2013).

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