J-S30032-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DONALD TROUTMAN, Appellant No. 1669 WDA 2017

Appeal from the PCRA Order October 19, 2017 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0004416-2007

COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. DONALD TROUTMAN, Appellant No. 1699 WDA 2017

Appeal from the Order November 6, 2017 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0004416-2007

BEFORE: BENDER, P.J.E., STABILE, J., and STRASSBURGER, J.* DISSENTING MEMORANDUM BY BENDER, P.J.E.: FILED JUNE 07, 2018 I respectfully dissent. The post-conviction court states in its opinion, “This court has conducted an additional review of the PCRA petition and would ____________________________________________

* Retired Senior Judge assigned to the Superior Court.

J-S30032-18

request that in light of Commonwealth v. Muniz, 164 A.3d 1189 (2017)[,] … the matter be remanded for further consideration.” PCRA Court Opinion, 1/24/18, at 1 (single page). I can see no reason not to comply with the trial court’s request for a remand for further consideration.

-2-