Commonwealth, Pet v. Kizer (Summary Disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Petitioner : : : v. : : : GERALD KIZER, : : Respondent : : No. 919 MAL 2006 Petition for Allowance of Appeal from the Memorandum and Order of the Superior Court entered June 28, 2006, at No. 72 EDA 2005, vacating the Judgment of Sentence of the Court of Common Pleas of Monroe County, Criminal Division, entered December 21, 2004, at No. 944 CR 2004. ORDER PER CURIAM DECIDED: April 18, 2007 The Petition for Allowance of Appeal is hereby GRANTED, and the order of the Superior Court is REVERSED pursuant to PennDOT v. Weaver, 912 A.2d 259 (Pa. 2006). Jurisdiction relinquished.

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