| COMMONWEALTH OF PENNSYLVANIA (Appellate at 1185) v. FELIPO MALDONADO COMMONWEALTH OF PENNSYLVANIA (Appellant at 1186) v. REINALDO ORTIZ-SANTANA No. 1185 & 1186 MDA 2007 2009 PA Super 15 Atlantic: 966 A.2d 1144 Petition for Reargument Denied 4/2/2009 Filed: 1/27/2009 | |
| Appeal from Order dated June 25, 2007 In the Court of Common Pleas of Berks County Criminal at No(s): CP-06-CR-0000205-2007 and CP-06-CR-0005278-2006 | |
| Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ. | |
| Opinion by: STEVENS, J. | |
| This is a consolidated appeal from the order entered by the Court of Common Pleas of Berks County granting Appellees’ respective petitions for Writ of Habeas Corpus and dismissing the charge of Escape, 18 Pa.C.S.A. § 5121(a) that had been filed against each parolee for leaving a detainment facility without permission. The Commonwealth argues the trial court erred in concluding section 5121 necessarily excludes from its reach parole violators who have been arrested and placed in a facility pending their parole violation hearing. As we agree with the Commonwealth, we vacate and remand. | |
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