Com. v. Chittester, M. ( 2021 )

J-AO6012-21 NON -PRECEDENTIAL DECISION -SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA V. MICHAEL CHITTESTER Appellant No. 256 WDA 2020 Appeal from the Judgment of Sentence Entered December 12, 2019 In the Court of Common Pleas of Elk County Criminal Division at No(s): CP-24-CR-0000053-2019 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA V. MICHAEL ALLEN CHITTESTER Appellant No. 257 WDA 2020 Appeal from the Judgment of Sentence Entered December 12, 2019 In the Court of Common Pleas of Elk County Criminal Division at No(s): CP-24-CR-0000449-2018 BEFORE: BENDER, P.J.E., LAZARUS, J., and MCCAFFERY, J. CONCURRING STATEMENT BY MCCAFFERY, J.: FILED: MAY 20, 2021 Although Iagree we are bound by the decisions in Res/ink and Snyder to conclude Appellant has waived his constitutional claims, Iwould urge the Pennsylvania Supreme Court to consider whether constitutional challenges to a sentence are subject to waiver. President Judge Emeritus Bender joins this concurring statement. Judge Lazarus joins this concurring statement.