Commonwealth v. Foose

CASSIMATIS, J.,

On July 16 and 17, 1990, the jury found defendant guilty of homicide by vehicle based on a violation of section 3114(A)(1), flashing signals. Post-verdict motions were filed and argued, and on November 23, 1990, this court entered an opinion refusing post-verdict motions and setting sentencing date for January 3, 1991. On December 13, 1990, defendant filed a motion to dismiss, alleging that he was placed in *107double jeopardy when tried by the jury because he had previously been convicted of the summary traffic offense of flashing signals, section 3114(A)(1), by a district justice…