J.A29028/09- 2 -Appellees’, Diane Dent and Walter Watkins, petition for a writ of
and dismissed the criminal charges against them. We reverse andremand.¶ 2 The relevant facts and procedural history of this matter are taken fromthe trial court’s January 14, 2009 opinion. In September 2008, Appelleeswere charged with twenty (20) counts of violating 18 Pa. Cons. Stat. Ann. §§5513(a)(2), (a)(3), and (a)(4), relating to unlawful gambling. Appelleesfiled an omnibus pretrial motion including a motion for relief in the nature of
. A hearing and argument occurred on December 15, 2008.¶ 3 At the hearing, Pennsylvania State Police Trooper David Darrowtestified that in July and August 2008, while undercover, he participated ingames of Texas Hold ‘Em Poker
in a garage under the control of Appellees.
In Texas Hold ‘Em Poker:each player is dealt two private cards face down. The cards arereferred to as the
cards. Now the initial betting round takesplace. After that, three public cards (the
) is (sic) placedface up in the middle of the table. The second betting roundfollows. When the betting round has finished, another publiccard (the
), is placed alongside the flop. Next is the thirdbetting round. After that, the final, fifth, public card (the
)is turned up, followed by the final betting round. Each playerstill remaining in the pot now combines the public cards with herhole cards to obtain a five card poker hand. When doing so, it ispossible to use one, both or none of the hole cards to obtain afive card poker hand. Naturally, the player now (at the
) having the best poker hand wins the pot.