Commonwealth v. Rosario

HOFFMAN, Judge.

This is an appeal from the order entered on August 21, 1991, which denied appellant’s motion to dismiss on double jeopardy grounds. Appellant raises the following contentions:

A. Whether the continued prosecution of the defendant for first and second degree murder is barred by the double jeopardy clauses of the United States and Pennsylvania Constitutions when the guilty plea tendered by the defendant was unequivocally accepted by the lower court and then was subsequently ordered to be withdrawn for no good cause?

B. Whether the continued prosecution of the defendant for first…