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Commonwealth v. Chiappini

Judgment of sentence affirmed in part; court did not err in allowing testimony of witness who was defendant's wife at the time of events about which she testified because common law prohibition against a spouse's testimony only extends to confidential communications, not to actions; case remanded because defendant was entitled to credit for time spent in home confinement/electronic monitoring program.

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ARGUED: February 3, 1999

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

We granted allowance of appeal in this matter limited to two issues: (1) whether the trial court erred in admitting the testimony of Denise Chiappini, who was the Appellant’s wife at the time of the events to which she testified; and (2) whether the Appellant should have received credit towards his sentence for time served in a home confinement/electronic monitoring program. Regarding the first issue, we hold that the court did not err in allowing Denise Chiappini to testify about actions of the Appellant that she observed. As to the second issue, we hold that the Appellant is entitled to credit for 518 days spent in the home confinement/electronic monitoring program.

 
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