J-A16024-16

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellant : : v. : : EDWARD L. MERRITT : : Appellee : No. 1202 WDA 2015 Appeal from the Order Entered July 29, 2015 In the Court of Common Pleas of Cambria County Criminal Division at No(s): CP-11-CR-0002202-2014 BEFORE: SHOGAN, OLSON and STRASSBURGER, JJ.

DISSENTING STATEMENT BY STRASSBURGER, J.: FILED DECEMBER 29, 2016 I respectfully dissent. At the time of the search conducted by the police in this matter, the loaded shotgun was located underneath the couch where Appellant, a convicted felon, was sitting. In light of these circumstances, it is my view that the trial court abused its discretion in concluding that the Commonwealth did not prove by a preponderance of the evidence that Appellant constructively possessed the gun, thereby failing to establish the corpus delicti of the crime of possession of a firearm by a prohibited person. Thus, I would reverse the trial court’s order.

 Retired Senior Judge assigned to the Superior Court.