J.S54014-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellee : : v. : : COREY MAXEY, : : Appellant : No. 2821 EDA 2014 Appeal from the Judgment of Sentence August 7, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-15146-2013 BEFORE: BOWES, PANELLA , AND FITZGERALD, JJ.* CONCURRING STATEMENT BY FITZGERALD, J.: FILED JANUARY 05, 2016 I agree with the learned majority that the evidence did not sustain Appellant’s conviction for terroristic threats. I write separately to state my view that under appropriate circumstances, physical gestures or other symbols may “convey” a threat to commit a crime of violence with the intent to terrorize another. See 18 Pa.C.S. § 2706(a)(1), (e). However, such circumstances were not present in this case. Thus, I concur.

* Former Justice specially assigned to the Superior Court.