Com. v. Karash, F. (concurring)

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J-A18008-17 2017 PA Super 365 COMMONWEALTH OF PENNSYLVANIA v. FREDERICK W. KARASH Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 263 WDA 2017 Appeal from the Judgment of Sentence January 24, 2017 In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-SA-0000161-2016 BEFORE: BOWES, J., LAZARUS, J., and OTT, J. CONCURRING STATEMENT BY OTT, J.: FILED NOVEMBER 16, 2017 I am constrained to agree with the Majority that the decision in Banellis is controlling, and accordingly, we must reverse the appellant’s judgment of sentence. Nevertheless, I agree with the comment of the Williams Court that this interpretation of the statute will lead to an “absurd result.” Williams, supra, 872 A.2d at 189. Indeed, I find it difficult to believe the legislature, when enacting this statute, intended to require the Commonwealth to prove a negative in every prosecution under this section. Judge Lazarus joins the concurring statement.

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