Argued: December 5, 2005.
Decided: December 21, 2005.
Appeal No. 9 WAP 2005 from the Order of the Superior Court entered August 20, 2004 at No. 1319 WDA 2003, affirming the Order of the Court of Common Pleas of Erie County, Criminal Division, entered July 9, 2003 at No. 3579-2002; Ernest J. DiSantis, Jr., Judge.
Douglas Grant McCormick, for the Com. of PA, appellant.
J. Timothy George, Erie, for James August Lehman, appellee.
Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.
Appeal dismissed as having been improvidently granted.
Justice NIGRO did not participate in the consideration or decision of this matter.