Commonwealth v. Simmons, E., Aplt. (concurring)

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[J-28-2014] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : Appellee : : : v. : : : ERNEST SIMMONS, : : Appellant : : : : : : : No. 26 WAP 2013 Appeal from the Order of the Superior Court entered November 30, 2012 at No. 762 WDA 2011, affirming the Judgment of Sentence of the Court of Common Pleas of Cambria County, entered February 17, 2011 at No. CP-11-CR-0001144-1992. ARGUED: April 9, 2014 CONCURRING STATEMENT I join this Court s per curiam affirmance. Nevertheless, I wish to emphasize my view that the communication of threats made by a probationer to an intended victim is not a requirement to find the probationer engaged in assaultive behavior in violation of the general condition for special probation or parole set forth in 37 Pa. Code § 65.4(5)(iii).

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