Com. v. Wilson, L. ( 2016 )

J-S25021-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
LESTER LEON WILSON
Appellant No. 1132 MDA 2013
Appeal from the Order June 7, 2013
In the Court of Common Pleas of Juniata County
Criminal Division at No(s): CP-34-CR-0000104-2010
BEFORE: OTT, J., STABILE, J., and MUSMANNO, J.
CONCURRING MEMORANDUM BY OTT, J.: FILED FEBRUARY 11, 2016
I agree with the majority that Wilson is not entitled to relief in this
matter. I write in concurrence to note that, in addition, I believe the trial
court improperly questioned the witness, B.W., an 11-year-old girl,
regarding her competency to testify and her understanding of the meaning
of the witness oath, in front of the jury. See Commonwealth v.
Washington, 722 A.2d 643 (Pa. 1998) (per se rule against conducting
competency colloquy of a child in front of the jury). However, the certified
record demonstrates that the error was harmless in that the trial court never
vouched for nor endorsed any aspect of B.W.’s testimony. See
Commonwealth v. Hutchinson, 25 A.3d 277, 294-95 (Pa. 2011)
(harmless error in conducting colloquy before the jury where the trial court
did not vouch for or endorse child’s testimony).
J-S25021-14
Judges Stabile and Musmanno join the concurring memorandum.
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