J-S74012-14
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
S.W., :
:
Appellant : No. 2922 EDA 2013
Appeal from the PCRA Order Entered August 9, 2013
in the Court of Common Pleas of Delaware County
Criminal Division at No(s): CP-23-CR-0002904-2003
BEFORE: BENDER, P.J.E., DONOHUE, and STRASSBURGER,* JJ.
CONCURRING STATEMENT BY STRASSBURGER, J.:FILED DECEMBER 08, 2014
I join the Majority Memorandum. I do so only because I am bound by
this Court’s opinion in Commonwealth v. Henkel, 90 A.3d 16 (Pa. Super.
2014) (en banc), holding that claims of ineffectiveness of PCRA counsel
cannot be raised for the first time on appeal. Were I writing on a clean
slate, I would adopt the position of P.J.E. Bender in his dissent in Henkel.
P.J.E. Bender joins this concurring statement.
Judge Donohue joins this concurring statement.
* Retired Senior Judge assigned to the Superior Court.