J-A16016-20

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

TRAVIS LEE PLANK Appellant No. 1409 MDA 2019 Appeal from the Judgment of Sentence Entered July 30, 2019 In the Court of Common Pleas of Adams County Criminal Division at No(s): CP-01-CR-0001013-2018

BEFORE: PANELLA, P.J., STABILE, J., and MUSMANNO, J.

CONCURRING STATEMENT BY MUSMANNO, J.: FILED MARCH 26, 2021 Iagree with the Majority that, pursuant to Commonwealth v. Au, 42 A.3d 1002 (Pa. 2012), the interaction between Travis Lee Plank ("Plank") and Pennsylvania State Trooper Matthew Hochberg ("Trooper Hochberg") began as a mere encounter. However, Ibelieve that the mere encounter escalated into an investigative detention. Nevertheless, because the investigative detention was supported by reasonable suspicion, Iwould conclude that the interaction between Plank and Trooper Hochberg was lawful. Thus, Iconcur with the result reached by the Majority.