Commonwealth v. Mitchell

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal, by allowance, from an order of the Superior Court, 262 Pa.Super. 268, 396 A.2d 748, affirming an order of the Court of Common Pleas of Montgomery County which denied the petition of appellant Sandy Mitchell to withdraw his guilty plea. We conclude that the plea was entered to charges on which the defendant had already been adjudged not guilty, in violation of the constitutional prohibition against double jeopardy embodied in both the federal and Pennsylvania Constitutions. The order of the Superior Court, therefore, is reversed.

On March…