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Commonwealth v. Lutz

Defendant was not entitled to hearing and expungement of criminal charges dismissed pursuant to negotiated plea agreement.

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OPINION

� 1 Appellant, Chad Lutz, asks us to examine whether he is entitled to expungement of charges included in his criminal information, which the Commonwealth agreed to dismiss as part of a negotiated plea bargain in exchange for his guilty plea to one count of aggravated assault. We hold that under the circumstances of this case, Appellant is not entitled to expungement of the dismissed charges. Accordingly, we affirm the trial court’s decision to deny Appellant the relief he requested.

� 2 The relevant facts and procedural history of this case are as follows. On March 28, 1998, the victim approached Appellant and twice pushed him to the ground. In an effort to get up and repel the victim, Appellant used a knife in his possession against the victim. The victim sustained serious knife wounds to his stomach and liver. The victim underwent surgery; his recovery was uneventful, with no lasting effects from the injury. As a result of this incident, Appellant was charged with one count of criminal attempt to commit homicide, *fn1 two counts of aggravated assault, *fn2 one count of simple assault, *fn3 one count of recklessly endangering another person, *fn4 and one count of possessing an instrument of crime. *fn5 Following a preliminary hearing, the court bound Appellant for trial on all charges.

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