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2007 Pa. Super. 107

923 A.2d 425

Commonwealth v. Jarowecki

Superior Court of Pennsylvania

Decided April 17, 2007

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Superior Court of Pennsylvania · decided 2007-04-17

Cited by 7 later decisions — most recently July 2013

7 state decisions

Relies on Commonwealth v. McClintic · Commonwealth v. Dickerson · 404 Pa. Super. 249 - Commonwealth v. Dickerson

Good law ✅— No negative treatment on recordhow we know

Decided 2007-04-17

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¶1CONCURRING AND DISSENTING STATEMENT BY

BENDER, J.

¶2¶ 1 While I concur with the majority’s analysis as to issues C, D, and E and with the waiver of issues F, G and H, I respectfully dissent to the majority’s determination as to issues A and B. I believe that because the language of 18 Pa.C.S. § 6312(d)(2) is substantially identical to the language of 42 Pa.C.S. § 9714, issues A and B are controlled by Commonwealth v. Dickerson, 404 Pa.Super. 249, 590 A.2d 766 (1991), aff'd, 533 Pa. 294, 621 A.2d 990 (1993), and that, therefore, the case should be remanded for resentencing consistent with Dickerson. See also Commonwealth v. McClintic, 589 Pa. 465, 909 A.2d 1241, 1247 (2006).

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