# Commonwealth v. Stipetich

> Superior Court of Pennsylvania · February 9, 1993 · 423 Pa. Super. 427

URL: https://www.frixlaw.com/law-library/cases/9634759

## Case

- **Full name:** COMMONWEALTH of Pennsylvania, Appellant, v. George STIPETICH; COMMONWEALTH of Pennsylvania, Appellant, v. Heidi STIPETICH
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 9, 1993
- **Citations:** 423 Pa. Super. 427; 621 A.2d 606; 1993 Pa. Super. LEXIS 549
- **Precedential status:** Published
- **Opinion:** Concurrence by Sole
- **Judges:** Rowley, Cavanaugh, Cirillo, Olszewski, Sole, Popovich, Johnson, Hudock, Elliott
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed by Commonwealth v. Stipetich, 539 Pa. 428 (1995).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634759

## How later opinions describe it (automated extraction)

- finding a formal non-prosecution agreement enforceable where the defendant performed in reliance on agreement

## Opinion text

DEL SOLE, Judge,
concurring.
I join Judge Johnson’s Opinion. I believe the concerns expressed by the dissents are best dealt with between district attorneys and law enforcement agencies.
We have no way of knowing how many times a day, throughout the Commonwealth, that police officers agree with a criminal suspect to reduce or to not file charges in exchange for investigative cooperation. It has been represented that this is a constantly used tool in law enforcement. If a local district attorney wishes to avoid being bound by such agreements, the remedy is to notify all police departments within the county and to seek administrative discipline against any officer who may violate the rule.
I would place this burden on the Commonwealth and its agencies, not the public.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634759. Public record. Not legal advice.