Com. v. Culbert, S. (concurring memorandum)

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J-S52012-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA v. STACEY CULBERT Appellant : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 3392 EDA 2018 Appeal from the PCRA Order Entered October 18, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0500381-1998, MC-51-CR-0447551-1998 BEFORE: OTT, J., KUNSELMAN, J., and McLAUGHLIN, J. CONCURRING MEMORANDUM BY KUNSELMAN, J.: FILED DECEMBER 2, 2019 Because we are bound by this Court’s decision in Commonwealth v. Jackson, 30 A.3d 516 (Pa. Super. 2011), I join in the majority decision. Nonetheless, I believe that requiring Culbert to serve a sentence potentially 20 years beyond the maximum allowed by law, solely because he did not discover the error within one year of the date his sentence became final, constitutes a manifest miscarriage of justice. I therefore write separately to encourage our Supreme Court and/or our General Assembly to examine this issue and allow for courts to correct at any time a sentence that patently exceeds the maximum allowed by law. Judge McLaughlin joins the concurring memorandum.

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