Comm. v. Gordon, E., Aplt. (Concurring Opinion)

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[J-24-2007] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : EDWARD GORDON, : : Appellant : No. 46 EAP 2006 Appeal from the Judgment of Superior Court entered on April 20, 2006 at No. 1362 EDA 2004 affirming in part and vacating in part the Judgment of Sentence entered on April 26, 2004 in the Court of Common Pleas, Philadelphia County, Criminal Division at No. CP-51-CR0414381-2002. ARGUED: April 16, 2007 CONCURRING OPINION MR. JUSTICE EAKIN DECIDED: December 28, 2007 I agree with Justice Castille s position on waiver of issues related to the nonretroactive Apprendi case, and decline to join footnote eleven. Otherwise, I join the majority.

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