Commonwealth v. Perfetto

CONCURRING OPINION BY

MOULTON, J.:

I agree with the majority that the trial court’s July 13, 2015 order should be reversed, though on different grounds. I would hold that prosecution of the summary traffic offense in the Philadelphia Municipal Court Traffic Court Division did not bar a subsequent prosecution of the DUI offenses because subsequent prosecution of the DUI offenses was permissible under 18 Pa.C.S. § 112(1).

Section 112 of the Crimes Code provides an exception to the compulsory joinder requirement:

§ 112. Former prosecution before court lacking jurisdiction or when fraudulently…