J-S64019-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JARAY PELIER :
:
Appellant : No. 284 MDA 2017
Appeal from the Judgment of Sentence December 19, 2016
In the Court of Common Pleas of Lackawanna County Criminal Division at
No(s): CP-35-CR-0002461-2015
BEFORE: PANELLA, J., SHOGAN, J., and FITZGERALD,* J.
CONCURRING AND DISSENTING STATEMENT BY FITZGERALD, J.:
FILED DECEMBER 08, 2017
While I agree with the majority’s disposition of Appellant’s claims, I am
of the view that the term “prison,” as used in 18 Pa.C.S. § 5123, does not
include a police headquarters. Although a police station may contain
temporary detention facilities, it is not a facility for housing persons
convicted of crime or awaiting trial. Cf. Commonwealth v. Clark, 761
A.2d 190, 193 (Pa. Super. 2000) (holding that police station is a “detention
facility” for the purposes of aggravated harassment by a prisoner).
Therefore, I respectfully concur in part and dissent in part.
____________________________________________
* Former Justice specially assigned to the Superior Court.
J-S64019-17
-2-
Com. v. Pelier, J.
Combined Opinion