Opinion
J-S82003-18 No. 220 EDA 2018
03-08-2019
COMMONWEALTH OF PENNSYLVANIA v. DERRICK WILLIAMS Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence March 27, 2017 in the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0010939-2013 BEFORE: LAZARUS, J., OLSON, J. and STRASSBURGER, J. CONCURRING MEMORANDUM BY STRASSBURGER, J.:
Retired Senior Judge assigned to the Superior Court. --------
I join the majority memorandum. I agree with the Majority's analysis with respect to Appellant's weight-of-the-evidence claim, where this Court holds that pursuant to Ambruster v. Horowitz , 813 A.2d 698 (Pa. 2002), this Court may rule on such a claim where a trial judge is unavailable to do so.
However, I also point out that pursuant to the Pennsylvania statutes governing the assignment of judges, "any judge may be temporarily assigned to another court and may there hear and determine any matter with like effect as if duly commissioned to sit in such other court." 42 Pa.C.S. § 4121(a). Thus, our Supreme Court has the authority to appoint Judge Nichols to the Philadelphia Court of Common Pleas temporarily for the purpose of addressing Appellant's weight-of-the-evidence claim.