Opinion
J-A30036-15 No. 3345 EDA 2014
05-27-2016
COMMONWEALTH OF PENNSYLVANIA Appellant v. OLIVER FRANKLIN SAVAGE Appellee
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order October 29, 2014
In the Court of Common Pleas of Lehigh County
Criminal Division at No(s): CP-39-CR-2092-2014 BEFORE: MUNDY, J., JENKINS, J., and FITZGERALD, J. DISSENTING STATEMENT BY MUNDY, J.:
Former Justice specially assigned to the Superior Court. --------
Without addressing the questionable issue of our appellate jurisdiction, which the Majority has accepted, I respectfully dissent on the merits. Unlike the Majority, I conclude the evidence presented by the Commonwealth was sufficient to establish a prima facie case that Appellee acted recklessly. I believe the trial court erred in granting Appellee's petition for writ of habeas corpus and dismissing the charges of involuntary manslaughter, recklessly endangering another person and homicide by vehicle.
Again, assuming arguendo that we possess jurisdiction to decide this appeal, I conclude that the Commonwealth met its burden in the trial court, and would reverse the trial court's October 29, 2014 order. Hence, I respectfully dissent.