Commonwealth v. Dunlavey

McEWEN, P.J.E.,

Concurring Statement.

¶ 1 The author of the majority view has in his usual fashion provided a sound rationale for the decision of this Court and does so based upon the prevailing principles of law. I write solely to commend the trial judge, who has so diligently and insightfully served the justice system as prosecutor and judge for almost four decades. When, after appellee had served the greater part of the seven-year minimum sentence the trial judge had imposed five years earlier, the judge implemented the timeless adage that the quality of mercy be not strained, an admonition which the prosecution has subjected to its unsparing perception of the letter of the law. The prosecution having elected by this appeal to thwart the compassionate disposition which the trial court provided, this Court is powerless to exercise discretion but is bound, under the law, to reverse the trial court. Thus it is that I join in the opinion of the majority.