J-S74020-18

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : DAVID SAMUEL HUEBSCH : : Appellant : No. 1140 EDA 2018 Appeal from the Judgment of Sentence Entered February 28, 2018 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0001932-2015

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

CONCURRING STATEMENT BY LAZARUS, J.: FILED MARCH 15, 2019 I fully join in my learned colleague’s analysis in this matter. I write separately to raise the issue of whether an SOAB assessment could be utilized in fashioning a sentence where the determination of the status of SVP would be unconstitutional. If, in fact, that issue had been properly raised and the trial judge had not addressed the issue, I would suggest remanding the matter for sentencing without reference to such assessment. As that issue is not before this court, we do not sua sponte address it in this matter.