Com. v. Carontenuto, K.

• Court: Superior Court of Pennsylvania
• Decided: August 31, 2016
• Docket: 1693 EDA 2015
• Status: Published

Opinion

J-A08021-16 2016 PA Super 197

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : KEVIN MICHAEL CARONTENUTO, : : Appellee : No. 1693 EDA 2015

Appeal from the Order Entered May 7, 2015 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0001117-2015

BEFORE: BOWES, OLSON and STRASSBURGER,* JJ.

CONCURRING STATEMENT BY STRASSBURGER, J.:FILED AUGUST 31, 2016

I join the erudite Majority Opinion. I write separately to note how

divorced from reality the Commonwealth’s position is. In its reply brief, the

Commonwealth states: “If a caller has not engaged in one of the

enumerated offenses set forth in the Immunity Statute, then such a caller

faces no potential prosecution and need have no fear of calling for aid for the

person overdosing.” Commonwealth’s Reply Brief at 3. The suggestion that

a person present at a crime scene could have no fear of prosecution does

not comport with the real world.

*Retired Senior Judge assigned to the Superior Court.