Commonwealth v. Shoop

HOFFMAN, Judge:

This is an appeal from an order granting appellee’s, James Shoop, motion challenging a temporary assignment of issuing authority and ordering that re-arrest be issued through District Court Justice LaRosa. 1 Appellant, Commonwealth of Pennsylvania, presents the following question:

Did the trial court err in holding that where a criminal defendant is discharged at a preliminary hearing, a subsequent preliminary hearing following rearrest must be heard by the same District Justice who discharged defendant at the initial preliminary hearing?

Appellant’s Brief at 3. For the reasons…