Com. v. Cooper, J.
Com. v. Cooper, J.
Opinion
J-A03026-22
2022 PA Super 106 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JEFFREY COOPER Appellant No. 1189 EDA 2021
Appeal from the Order Entered May 11, 2021 In the Court of Common Pleas of Montgomery County Criminal Division at No: CP-46-CR-0004008-2019
BEFORE: STABILE, J., DUBOW, J., and McCAFFERY, J.
CONCURRING OPINION BY STABILE, J.: FILED JUNE 8, 2022 I concur in the Majority’s opinion, but write only to express my view that I believe this Court’s en banc decision in Commonwealth v. Simmons, 262 A.3d 512 (Pa. Super. 2021) that held, inter alia, a VOP court may not anticipatorily revoke an order of probation prior to the commencement of probationary supervision to be in error.1 My reasons for doing so are well stated by our colleague Judge Bowes in her concurring and dissenting opinion in Simmons.
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1 It should be noted that our Supreme Court has granted review of this issue in the case of Commonwealth v. Rosario, Nos. 1271 WDA 2020, 1272 WDA 2020, and 1273 WDA 2020 (Pa. Super. filed Sept. 10, 2021).
Opinion
J-A03026-22
2022 PA Super 106 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee v. JEFFREY COOPER Appellant No. 1189 EDA 2021
Appeal from the Order Entered May 11, 2021 In the Court of Common Pleas of Montgomery County Criminal Division at No: CP-46-CR-0004008-2019
BEFORE: STABILE, J., DUBOW, J., and McCAFFERY, J.
CONCURRING OPINION BY STABILE, J.: FILED JUNE 8, 2022 I concur in the Majority’s opinion, but write only to express my view that I believe this Court’s en banc decision in Commonwealth v. Simmons, 262 A.3d 512 (Pa. Super. 2021) that held, inter alia, a VOP court may not anticipatorily revoke an order of probation prior to the commencement of probationary supervision to be in error.1 My reasons for doing so are well stated by our colleague Judge Bowes in her concurring and dissenting opinion in Simmons.
____________________________________________
1 It should be noted that our Supreme Court has granted review of this issue in the case of Commonwealth v. Rosario, Nos. 1271 WDA 2020, 1272 WDA 2020, and 1273 WDA 2020 (Pa. Super. filed Sept. 10, 2021).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.