J-S44016-15

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DONALD ZOLLER, JR. Appellant No. 1676 WDA 2014

Appeal from the PCRA Order October 3, 2014 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0004839-1986

BEFORE: LAZARUS, J., STABILE, J., and JENKINS, J.

CONCURRING STATEMENT BY LAZARUS, J.: FILED JUNE 3, 2016 I respectfully concur. While I agree that Zoller is entitled to relief pursuant to Montgomery, I believe that we are constrained to follow the procedure set forth in our Court’s decision, Commonwealth v. Secreti, 2016 PA Super 28 (Pa. Super. 2016) (interpreting Montgomery as making retroactivity under Miller effective as of the date of the Miller decision).

Therefore, I would reverse and remand for resentencing.