Commonwealth v. Jackson

Full title: COMMONWEALTH OF PENNSYLVANIA, Appellee v. TROY VINCENT JACKSON, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Jan 3, 2017

J-A33001-16 (Pa. Super. Ct. Jan. 3, 2017)

Opinion

J-A33001-16 No. 1736 WDA 2015

01-03-2017

COMMONWEALTH OF PENNSYLVANIA, Appellee v. TROY VINCENT JACKSON, Appellant

CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER, J.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P 65.37

Appeal from the Judgment of Sentence September 15, 2015, in the Court of Common Pleas of Allegheny County, Criminal Division, at No: CP-02-CR-0008775-2011 BEFORE: LAZARUS, SOLANO, and STRASSBURGER,^* JJ. CONCURRING AND DISSENTING MEMORANDUM BY STRASSBURGER, J.:

* Retired Senior Judge assigned to the Superior Court. --------

I join the Majority Memorandum except for footnote 5. The Majority correctly notes that because we are vacating and remanding for resentencing on the RRRI issue, we need not reach the allocution issue. Then in dicta the Majority proceeds to castigate the sentencing judge for ending Appellant's allocution. Appellant did speak, and the sentencing judge heard him and did not believe what he was saying. A judge has the right and, indeed, the duty to control her courtroom, and that includes limiting the length of the allocution.

Because we do not need to reach the allocution issue, we should not reach it.