Com. v. Coleman, D. ( 2021 )

J-S03005-21
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
v. :
:
:
:
DEMETRIUS CARLOS COLEMAN, : No. 938 WDA 2019
Appeal from the Judgment of Sentence Entered June 5, 2019
in the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0004460-2017
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
:
v. :
:
DEMETRIUS CARLOS COLEMAN, :
:
Appellant : No. 972 WDA 2019
Appeal from the Judgment of Sentence Entered June 5, 2019
in the Court of Common Pleas of Allegheny County
Criminal Division at No(s): CP-02-CR-0004460-2017
BEFORE: DUBOW, J., MURRAY, J., and STRASSBURGER, J.*
CONCURRING MEMORANDUM BY STRASSBURGER, J.:FILED FEBRUARY 09,
2021
I join the Majority Memorandum. I write separately to address the
sentencing issue. I agree that this issue is controlled by Commonwealth v.
Morris, 958 A.2d 569 (Pa. Super. 2008) (en banc). I recognize that I am
bound by that decision. However, I am not bound to like it. While I would
* Retired Senior Judge assigned to the Superior Court.
J-S03005-21
not use such fiery language as the learned trial judge, the Honorable David
Cashman, who referred to Morris as ”illogical” and “ludicrous,” I believe it
was wrongly decided.
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