Com. v. Lykens, C. (concurring memorandum)
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J-S47005-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. COREY N. LYKENS Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 1169 WDA 2017 Appeal from the Judgment of Sentence July 10, 2017 In the Court of Common Pleas of Blair County Criminal Division at No(s): CP-07-CR-0000720-2017 BEFORE: OLSON, J., McLAUGHLIN, J., and STRASSBURGER*, J. CONCURRING MEMORANDUM BY McLAUGHLIN, J.: FILED: November 14, 2018 I agree with my learned colleagues that Corey N. Lykens’ appeal is wholly frivolous, and that we must affirm the judgment of sentence and grant counsel’s petition to withdraw. I write separately to note that Lykens entered a negotiated guilty plea in which he agreed to plead guilty in exchange for a sentence of three to ten years’ incarceration. N.T., 7/10/17, at 1-2, 4. He therefore cannot challenge the discretionary aspects of his sentence. Commonwealth v. Heaster, 171 A.3d 268, 271 (Pa.Super. 2017); Commonwealth v. Reichle, 589 A.2d 1140, 1141 (Pa.Super. 1991). Judge Olson joins the concurring memorandum. Judge Strassburger joins the concurring memorandum. ____________________________________ * Retired Senior Judge assigned to the Superior Court.
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