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.