Commonwealth v. Buonopane

TAMILIA, Judge:

The Commonwealth appeals the final Order dated December 4, 1990 which granted appellee’s pretrial motion to preclude the Commonwealth from proceeding with the instant murder prosecution as a capital case.

Anthony Buonopane, appellee, was charged with murder for shooting a man six to eight times on a public street. At the time of arraignment, appellee was notified in conjunction with Pa.R.Crim.P. 352, Notice of aggravating circumstances, that the Commonwealth would seek the death penalty based upon the aggravating circumstance that the killing created a grave risk of death to two…