Com. v. Karash, F.

Opinion

J-A18008-17 2017 PA Super 365

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA

:

v. :

:

:

FREDERICK W. KARASH :

:

Appellant : No. 263 WDA 2017

Appeal from the Judgment of Sentence January 24, 2017 In the Court of Common Pleas of Erie County Criminal Division at No(s):

CP-25-SA-0000161-2016

BEFORE: BOWES, J., LAZARUS, J., and OTT, J. CONCURRING STATEMENT BY OTT, J.: FILED NOVEMBER 16, 2017

I am constrained to agree with the Majority that the decision in Banellis is controlling, and accordingly, we must reverse the appellant’s judgment of sentence.

Nevertheless, I agree with the comment of the Williams Court that this interpretation of the statute will lead to an “absurd result.” Williams, supra, 872 A.2d at 189. Indeed, I find it difficult to believe the legislature, when enacting this statute, intended to require the Commonwealth to prove a negative in every prosecution under this section.

Judge Lazarus joins the concurring statement.