Com. v. Tyson, J. (dissenting)

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J-S16016-14 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellant v. JERMEEL OMAR TYSON, Appellee : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1292 MDA 2013 Appeal from the Order June 18, 2013, Court of Common Pleas, Berks County, Criminal Division at No. CP-06-CR-0005578-2012 BEFORE: BENDER, P.J.E., DONOHUE and STRASSBURGER*, JJ. DISSENTING STATEMENT BY STRASSBURGER, J.: FILED APRIL 21, 2014 Because the instant crime and the prior crime for which Tyson was convicted are so similar non-consensual sex with a sleeping victim who had invited Tyson into her home in my view the trial court abused its admission of the prior conviction under the common plan or scheme exception. I would reverse. *Retired Senior Judge assigned to the Superior Court.

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