Com. v. Coleman, D.

CourtSuperior Court of Pennsylvania
DecidedFebruary 9, 2021
Docket938 WDA 2019
StatusUnpublished

This text of Com. v. Coleman, D. (Com. v. Coleman, D.) 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.

Bluebook
Com. v. Coleman, D., (Pa. Ct. App. 2021).

Opinion

J-S03005-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : : : DEMETRIUS CARLOS COLEMAN, : No. 938 WDA 2019

Appeal from the Judgment of Sentence Entered June 5, 2019 in the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0004460-2017

COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA : : v. : : DEMETRIUS CARLOS COLEMAN, : : Appellant : No. 972 WDA 2019

Appeal from the Judgment of Sentence Entered June 5, 2019 in the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0004460-2017

BEFORE: DUBOW, J., MURRAY, J., and STRASSBURGER, J.*

CONCURRING MEMORANDUM BY STRASSBURGER, J.:FILED FEBRUARY 09,

I join the Majority Memorandum. I write separately to address the

sentencing issue. I agree that this issue is controlled by Commonwealth v.

Morris, 958 A.2d 569 (Pa. Super. 2008) (en banc). I recognize that I am

bound by that decision. However, I am not bound to like it. While I would

* Retired Senior Judge assigned to the Superior Court. J-S03005-21

not use such fiery language as the learned trial judge, the Honorable David

Cashman, who referred to Morris as ”illogical” and “ludicrous,” I believe it

was wrongly decided.

-2-

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Related

Commonwealth v. Morris
958 A.2d 569 (Superior Court of Pennsylvania, 2008)

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Bluebook (online)
Com. v. Coleman, D., Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-v-coleman-d-pasuperct-2021.