Commonwealth v. March, K. (summary disposition)

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IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent v. KIM DAVID MARCH, Petitioner : : : : : : : : : : : : No. 128 MAL 2017 Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 530 MDA 2016, at 154 A.3d 803 (Pa. Super. 2017) entered on January 26, 2017, reversing and remanding the Order Entered of the Berks County Court of Common Pleas at No. CP-06-CR0005650-2015 entered on March 3, 2016 ORDER PER CURIAM DECIDED: OCTOBER 3, 2017 AND NOW, this 3rd day of October, 2017, the Petition for Allowance of Appeal is GRANTED. The Superior Court’s order is VACATED and this matter is REMANDED to the Superior Court for reconsideration in light of this Court’s decision in Commonwealth v. Myers, __ A.3d __, 7 EAP 2016, 2017 WL 3045867 (Pa. July 19, 2017) and the United States Supreme Court’s decision in Birchfield v. North Dakota, __ U.S. __, 136 S.Ct. 2160 (2016).

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