Opinion
J-A11009-17 No. 1684 MDA 2016
09-15-2017
COMMONWEALTH OF PENNSYLVANIA Appellee v. SHERRY LYNN WISE Appellant
Appeal from the Judgment of Sentence September 13, 2016
In the Court of Common Pleas of York County
Criminal Division at No(s): CP-67-CR-0006928-2015 BEFORE: SHOGAN, J., MOULTON, J., and STEVENS, P.J.E. CONCURRING STATEMENT BY MOULTON, J.:
Former Justice specially assigned to the Superior Court. --------
I agree with the majority's conclusion that the evidence was sufficient to support Appellant's conviction, and concur with its decision to affirm the judgment of sentence. However, I do not join the majority's analysis of the statutory interpretation question briefed by the parties, as I believe it is unnecessary to a proper disposition of this case.
Appellant was charged with violating 75 Pa.C.S. § 3733 under two different theories - failing to bring her vehicle to a stop after being directed to stop; and fleeing after being directed to stop. While both theories were submitted to the jury, the jury instructions delivered by the trial court required a finding that Appellant "was aware of the officer's signal to stop and refused to do so," N.T., 9/12/16, at 119. Accordingly, we need not consider the question whether the statute's reference to "a pursuing police officer" modifies "otherwise flees," because no one contends that it modifies "fails or refuses to . . . stop."