Opinion
J-A18008-17 No. 263 WDA 2017
11-16-2017
COMMONWEALTH OF PENNSYLVANIA v. FREDERICK W. KARASH Appellant
Appeal from the Judgment of Sentence January 24, 2017
In the Court of Common Pleas of Erie County Criminal Division at No(s): CP-25-SA-0000161-2016 BEFORE: BOWES, J., LAZARUS, J., and OTT, J. CONCURRING STATEMENT BY OTT, J.:
I am constrained to agree with the Majority that the decision in Banellis is controlling, and accordingly, we must reverse the appellant's judgment of sentence.
Nevertheless, I agree with the comment of the Williams Court that this interpretation of the statute will lead to an "absurd result." Williams , supra , 872 A.2d at 189. Indeed, I find it difficult to believe the legislature, when enacting this statute, intended to require the Commonwealth to prove a negative in every prosecution under this section.
Judge Lazarus joins the concurring statement.