Com. v. Maxey, C. (concurring)

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J.S54014-15 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, Appellee v. COREY MAXEY, Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2821 EDA 2014 Appeal from the Judgment of Sentence August 7, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-15146-2013 BEFORE: BOWES, PANELLA , AND FITZGERALD, JJ.* CONCURRING STATEMENT BY FITZGERALD, J.: FILED JANUARY 05, 2016 I agree with the learned majority that the evidence did not sustain Appellant’s conviction for terroristic threats. I write separately to state my view that under appropriate circumstances, physical gestures or other symbols may “convey” a threat to commit a crime of violence with the intent to terrorize another. See 18 Pa.C.S. § 2706(a)(1), (e). circumstances were not present in this case. Thus, I concur. * Former Justice specially assigned to the Superior Court. However, such

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