Com. v. Cinque, J.
This text of Com. v. Cinque, J. (Com. v. Cinque, J.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
J-S08038-23
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : : v. : : : JOHN CINQUE : No. 844 MDA 2022
Appeal from the Judgment of Sentence Entered May 17, 2022 In the Court of Common Pleas of Adams County Criminal Division at No(s): CP-01-CR-0001123-2021
BEFORE: OLSON, J., McCAFFERY, J., and COLINS, J.*
CONCURRING STATEMENT BY McCAFFERY, J.: FILED: MAY 8, 2023
I agree that we are bound by the en banc Majority decisions in Richards
and Moroz to treat Appellant’s prior acceptance of ARD as a first DUI offense.
See Commonwealth v. Richards, 284 A.3d 214, 220-21 (Pa. Super. 2022),
appeal granted, 518 MAL 2022 (Pa. Mar. 15, 2023) (en banc);
Commonwealth v. Moroz, 284 A.3d 227, 233 (Pa. Super. 2022) (en banc).1
However, for the reasons expressed in my Dissenting Opinions, I believe
Richards and Moroz were wrongly decided. See Richards, 284 A.3d at 222-
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* Retired Senior Judge assigned to the Superior Court.
1 See also Commonwealth v. Verbeck, 290 A.3d 260 (Pa. 2023); Commonwealth v. Hummel, __ A.3d __, 1147 MDA 2022 (Pa. Super. April 4, 2023). J-S08038-23
26 (Dissenting Op., McCaffery, J.); Moroz, 284 A.3d at 235-39 (Dissenting
Op., McCaffery, J.). Thus, I am constrained to concur in this decision.
Judge Colins joins the Concurring Statement.
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