Commonwealth of Pennsylvania, Aplt v. Finchio (Concurring Statement)

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J-85-2007 IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellant : : : v. : : : MICHAEL A. FINCHIO, : : Appellee : No. 48 WAP 2005 Appeal from the Order of the Court of Common Pleas of Erie County, entered November 9, 2005 at No. CP-25-CR0000241-2005. SUBMITTED: September 7, 2006 CONCURRING STATEMENT MR. CHIEF JUSTICE CAPPY FILED: JULY 18, 2007 I join the majority opinion based on this Court s majority decision in Commonwealth v. Duda, 932 A.2d 1138 (Pa. 2007). If I were writing on a clean slate, my position would be that expressed in Mr. Justice Castille s dissenting opinion in Duda, which I joined. Messrs. Justice Castille and Fitzgerald join this concurring statement.

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