Com. v. Cruz, S. (concurring)

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J-S56008-13 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. SANTOS CRUZ Appellant No. 1551 EDA 2012 Appeal from the Judgment of Sentence April 16, 2012 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005036-2011 BEFORE: ALLEN, J., OTT, J., and COLVILLE, J.* CONCURRING STATEMENT BY OTT, J.: FILED DECEMBER 03, 2013 I agree with the result reached by the Majority to affirm the judgment of sentence. I write separately, however, since I would find that the reasonable suspicion issue raised by Cruz in this appeal is fairly encompassed within the challenge that was presented to the suppression court, and that the suppression court did not err in denying relief. Therefore, I respectfully concur. ____________________________________________ * Retired Senior Judge assigned to the Superior Court.

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