¶1concurring:
¶2I agree with the majority’s determination that the effectiveness of Appellant’s trial defense was seriously impaired *389by the trial court’s noncompliance with Pa.R.Crim.P. 1119(a) and that a new trial is warranted in the instant case. I must disagree, however, with the majority’s determination that prejudice to the defendant automatically arises in every such instance.
¶3In the instant case, the record shows that Appellant’s attorney unsuccessfully requested the trial court to rule on his points for charge prior to presenting his closing argument. Following the court’s refusal to inform counsel of its ruling on the requested points for charge prior to closing argument, a major portion of defense counsel’s argument was based on the issue of the alleged victim’s prior inconsistent statements and the “falsus in uno, falsus in omnibus” maxim. The trial court subsequently rejected the point for charge in question, and the jury was never given the instruction. Thus, the record shows that Appellant’s defense was indeed prejudiced by the trial court’s actions.
¶4However, a finding of prejudice is not necessary in all cases. For example, in cases where counsel’s request for a point for charge is not ruled on by the trial court prior to closing argument as mandated under Pa.R.Crim.P. 1119(a) but the point is eventually approved and given by the trial court, there is no prejudice to the defendant. Therefore, while I agree with the majority’s determination of prejudice in the instant case, I feel that they go too far in their determination that a defendant is prejudiced in all cases where the trial court fails to inform counsel of its rulings on requested points for charge prior to closing arguments pursuant to Pa.R.Crim.P. 1119(a). I would require a showing of prejudice.