Commonwealth v. Borzelleca, Edward (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Petitioner : : : v. : : : EDWARD BORZELLECA, : : Respondent : No. 796 MAL 2006 Petition for Allowance of Appeal from the Memorandum and Order of the Superior Court entered August 22, 2006 at No. 88 EDA 2005, affirming the Order of the Court of Common Pleas of Delaware County entered December 6, 2004 at No. 4197 of 2003. ORDER PER CURIAM: DECIDED: May 2, 2007 The Petition for Allowance of Appeal is GRANTED. The case is REMANDED to the Superior Court. The Superior Court is to consider Commonwealth v. Nolan, 855 A.2d 834, 839 n.7 (Pa. 2004). Jurisdiction relinquished. Mr. Justice Saylor files a Dissenting Statement.

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