Commonwealth, Aplt v. Greene, M. (per curiam order)

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[J-35-2013] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : : v. : : : MICHAEL GREENE, : : Appellee : No. 79 MAP 2012 Appeal from the order of Superior Court entered on July 20, 2011 at No. 538 MDA 2009 vacating and remanding the judgment of sentence of the Court of Common Pleas of Lackawanna County, Criminal Division, dated January 14, 2009 at No. CP-35-CR-0001831-2004 ARGUED: May 7, 2013 ORDER PER CURIAM DECIDED: November 20, 2013 AND NOW, this 20th day of November, 2013, the Order of the Superior Court is hereby affirmed on the basis of the majority en banc opinion of the Superior Court, Commonwealth v. Greene, 25 A.3d 359 (Pa. Super. 2011). Mr. Justice Eakin would enter a per curiam affirmance. Mr. Chief Justice Castille files a dissenting statement.

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