Commonwealth v. Kirkner

Justice CAPPY

concurring.

I join the majority opinion, except with regard to the following two points:

First, this Court has recognized that the word “shall” is not always regarded as mandatory, but has also been interpreted to be merely directory. Commonwealth v. Baker, 547 Pa. 214, 690 A.2d 164, 167 (1997).

Second, I disassociate myself from the majority’s discussion of the victim’s goal of preserving her relationship with her spouse. Op. at p. 517. In my view, there is simply no need to discuss this aspect of the appeal, as it is not necessary to the Court’s disposition of the matter.