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2007 Pa. Super. 261

932 A.2d 218

Commonwealth v. Leonberger

Superior Court of Pennsylvania

Decided August 27, 2007

Superior Court of Pennsylvania · decided 2007-08-27

Cited by 1 later decisions — most recently October 2008

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-27

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¶1*226CONCURRING AND DISSENTING STATEMENT BY

McEWEN, P.J.E.:

¶2¶ 1 Since the author of the majority opinion has, in his usual fashion, undertaken a careful analysis of the issues presented in this appeal, and has proceeded to a perceptive expression of position, I join in the opinion, with the exception that I would affirm the judgment of sentence upon the conviction for aggravated harassment by a prisoner. I would do so since appellant was “confined” (as the majority notes, the police and hospital personnel were required to subdue appellant, employ restraint straps and a protective face mask, and to sedate appellant), and the hospital was thereby a local detention facility. It strikes me that the General Assembly could not have intended to present to appellant a pass from conviction for aggravated harassment in a situation where the police provided for treatment of the prisoner instead of transporting him to the police building and impressing upon him the untoward consequences of a considerable delay in securing medical personnel to provide treatment of the injuries.

¶3¶ 2 Thus, I would affirm the judgment of sentence in its entirety.

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