Commonwealth v. Cook

I respectfully dissent to the majority’s decision to reverse the Order of the trial court and remand for proceedings consistent with Commonwealth v. Schimelfenig, 361 Pa. Super. 325, 522 A.2d 605 (1987). Not only do I disagree with the result reached in Schimelfenig, I am not convinced the factual scenario at issue is directly analogous to Schi*410melfenig such that it must be followed in this particular situation.

This is a Commonwealth appeal from the Order of the trial court denying the Commonwealth's motion for a rule to show cause why a criminal complaint should not be refiled against…