Com. v. Matthews, W. ( 2020 )

J-S41013-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : WARREN DARNELL MATTHEWS : : Appellant : No. 125 MDA 2020 Appeal from the Judgment of Sentence Entered November 25, 2019 In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-CR-0001519-2019, BEFORE: KUNSELMAN, J., McLAUGHLIN, J., and STRASSBURGER, J.* CONCURRING MEMORANDUM BY STRASSBURGER, J.: FILED DECEMBER 01, 2020 I join the Majority’s memorandum with the additional comment that, although the law guiding our analysis of weight-of-the-evidence claims applies to jury and non-jury trials, see Majority Memorandum at 6, it would be highly incongruous for a trial judge presiding over a non-jury trial to find her own decision shocks her conscience. As in this case, a judge in a non-jury trial has the dual duties of determining the weight and admissibility of evidence. A trial court sitting as fact-finder is unlikely to find, in response to a post-sentence motion, that it reached a verdict contrary to the evidence. ____________________________________________ * Retired Senior Judge assigned to the Superior Court. J-S48019-19 -2-