J -S43017-19 2020 PA Super 9

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF PENNSYLVANIA v.

TERRY BOWENS Appellant : No. 341 MDA 2018 Appeal from the Judgment of Sentence Entered October 23, 2017 In the Court of Common Pleas of York County Criminal Division at No(s): CP-67-CR-0007390-2016 BEFORE: GANTMAN, P.J.E., DUBOW, J., and STEVENS, P.J.E.* CONCURRING STATEMENT BY STEVENS, P.J.E.: FILED JANUARY 17, 2020 I concur with the majority and write separately only to amplify that had the Commonwealth presented evidence of Appellant's relevant conspiratorial text messages, as acquired through either a warrant search of his cell phone or a lawful search of Co-defendant's phone, it would have established Appellant's joint constructive possession of the contraband stored in the locked glove box.

* Former Justice specially assigned to the Superior Court.