Commonwealth v. Wesley, Harmon (Concurring Statement)

Annotate this Case

Download PDF

[J-109-2005] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : HARMON WESLEY, : : Appellant : No. 13 EAP 2005 Appeal from the Order entered on 10/14/04 in the Superior Court at No. 1673 EDA 2003 affirming the Judgment of Sentence entered on 5/15/03 in the Court of Common Pleas, Criminal Division of the Philadelphia County at No. 0303-1307 Argued: October 17, 2005 CONCURRING STATEMENT MR. JUSTICE BAER FILED: APRIL 25, 2006 In this appeal, Appellant Harmon Wesley was convicted by a jury in criminal court, and the Superior Court affirmed the judgment of sentence. On appeal, Appellant raises issues regarding the prosecutor s closing arguments and the jury instructions during his criminal trial. Our Court now dismisses Appellant s appeal as having been improvidently granted. I write separately to note that although Appellant complains of the prosecutor s closing arguments and the jury instructions, he has not provided this Court with a transcript covering the complained-of closing remarks and jury charge, making substantive review impossible. I concur with the majority s disposition because it is incumbent on Appellant to ensure that this Court is provided with documents necessary to a complete assessment of his arguments for reversal, and Appellant has failed to do so. See Pa.R.A.P. 1931, explanatory cmt. (2004). Whether such failure is the result of ineffective assistance of counsel must be left for another day. See Commonwealth v. Grant, 813 A.2d 726 (Pa. 2002). Madame Justice Newman joins this concurring statement. [J-109-2005] - 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.