J.S36028-14 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. TIMOTHY FLAHERTY Appellee No. 2888 EDA 2013

Appeal from the Order Entered September 26, 2013 In the Court of Common Pleas of Pike County Criminal Division at No(s): CP-52-CR-0000320-2012 CP-52-CR-0000321-2012 BEFORE: GANTMAN, P.J., JENKINS, J., and FITZGERALD, J.** CONCURRING STATEMENT BY FITZGERALD, J.:FILED SEPTEMBER 10, 2014 I agree with the majority that our prior decision in this matter compels the rev Although 42 Pa.C.S. § 9813(a) and 75 Pa.C.S. § 3815 did not authorize the

itative needs based on his personal history i.e., his military service in Afghanistan, the severe injuries and trauma he suffered from an improvised explosive device attack, and his lack of a criminal or substance abuse history prior to that incident were just. I continue to believe that the complex issues raised when our returning

** Former Justice specially assigned to the Superior Court.

J. S53041/13 veterans commit non-violent offenses demand careful attention from the policymakers throughout the Commonwealth.

Judge Jenkins joins this concurring statement.

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