Com. v. Higginbotham, S. ( 2022 )

J-AO3001-22
NON -PRECEDENTIAL DECISION -SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
V.
SCOTT GEORGE HIGGINBOTHAM
Appellant No. 1091 EDA 2021
Appeal from the Judgment of Sentence Entered April 27, 2021
In the Court of Common Pleas of Bucks County Criminal Division at
No(s): CP-09-CR-0003799-2020
BEFORE: STABILE, J., DUBOW, J., and MCCAFFERY, J.
CONCURRING STATEMENT BY MCCAFFERY, J.: FILED NOVEMBER 1, 2022
Iagree that we are bound by the en banc Majority decision in Moroz to
treat Appellant's prior acceptance of ARD as a first DUI offense. See
Commonwealth v. Moroz, A.3d 2022 WL 4869900, * 5 ( Pa.
Super. 2022) (en banc). However, for the reasons expressed in my Dissenting
Opinion, I believe Moroz was wrongly decided. See id., A.3d at
2022 WL 4869900 at * 7-11 ( Dissenting Op., McCaffery, J.). Thus, I am
constrained to concur in this decision.