Commonwealth v. Fithian & Borzelleca J-85A&B-2008



Topic: Compulsory Joinder



Summary: The compulsory joinder statute (the 2002 amendments to 18 Pa.C.S.A. Section 110) does not apply where the offenses took place in the same judicial district as a previous prosecution.



Illustration: The two defendants committed crimes, arising from the same incident, in two separate counties. However, Montgomery County tried and sentencedthe defendants on some of the charges before the Delaware County proceedings ended. The Court held that under the compulsory joinder statute, both sets of charges required to be tried at the same time.



http://www.pacourts.us/OpPosting/Supreme/out/J-85a&b2008mo.pdf