J-S04013-15

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : DARRYL GREGORY STEWART, : : Appellee : No. 840 MDA 2014 Appeal from the Judgment of Sentence April 14, 2014, in the Court of Common Pleas of York County, Criminal Division at No(s): CP-67-CR-0004973-2013 BEFORE: BOWES, ALLEN, and STRASSBURGER,* JJ.

CONCURRING STATEMENT BY STRASSBURGER, J.: FILED APRIL 07, 2015 I concur in the result. I write separately to stress that, as the author of the Musau opinion, I remain of the view that the issue resolved therein was properly decided.

Judge Bowes and Judge Allen Do Not Join

* Retired Senior Judge assigned to the Superior Court.