J-A33001-16
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
TROY VINCENT JACKSON, :
:
Appellant : No. 1736 WDA 2015
Appeal from the Judgment of Sentence September 15, 2015,
in the Court of Common Pleas of Allegheny County,
Criminal Division, at No: CP-02-CR-0008775-2011
BEFORE: LAZARUS, SOLANO, and STRASSBURGER,* JJ.
CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER, J.:
FILED JANUARY 03, 2017
I join the Majority Memorandum except for footnote 5. The Majority
correctly notes that because we are vacating and remanding for
resentencing on the RRRI issue, we need not reach the allocution issue.
Then in dicta the Majority proceeds to castigate the sentencing judge for
ending Appellant’s allocution. Appellant did speak, and the sentencing judge
heard him and did not believe what he was saying. A judge has the right
and, indeed, the duty to control her courtroom, and that includes limiting the
length of the allocution.
Because we do not need to reach the allocution issue, we should not
reach it.
*Retired Senior Judge assigned to the Superior Court.