J -S59020-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF PENNSYLVANIA v.

BRANDON PATTERSON Appellant : No. 3432 EDA 2018 Appeal from the Judgment of Sentence Entered October 22, 2018 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0009603-2017 BEFORE: LAZARUS, J., NICHOLS, J., and McLAUGHLIN, J.

CONCURRING MEMORANDUM BY McLAUGHLIN, J.: FILED FEBRUARY 14, 2020 I respectfully concur. I would not find Appellant's issue waived, as I conclude that at least his objection at trial was sufficient to preserve the issue.

I think the basis of Appellant's objection was apparent, in the context of his pre-trial motion in limine. See Pa.R.E. 103(a)(1)(B). The trial judge similarly does not think he committed waiver, and indeed did not at trial ask for the basis of the objection. I nonetheless concur because I agree with the Majority that the issue is meritless, for the reasons the Majority states. I add that the trial court properly allowed the Commonwealth to introduce the evidence in fair response to Appellant's opening statement.