Commonwealth v. Carbo

McEWEN, P.J.E.,

Concurring and Dissenting.

¶ 1 I join in that portion of the erudite opinion of the majority which provides that the three charges dismissed by District Justice Walter F. Gadzieki following the preliminary hearing on October 4, 2000, were properly reinstated by the Commonwealth. Rule 5447 of the Pennsylvania Rules of Criminal Procedure provides for charges to be reinstituted against a defendant following “withdrawal or dismissal”— when the attorney for the Commonwealth approves “in writing, the refiling of a complaint with the issuing authority who dismissed or permitted the…