J-AO3001-22

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

SCOTT GEORGE HIGGINBOTHAM Appellant No. 1091 EDA 2021 Appeal from the Judgment of Sentence Entered April 27, 2021 In the Court of Common Pleas of Bucks County Criminal Division at No(s): CP-09-CR-0003799-2020

BEFORE: STABILE, J., DUBOW, J., and MCCAFFERY, J.

CONCURRING STATEMENT BY MCCAFFERY, J.: FILED NOVEMBER 1, 2022 Iagree that we are bound by the en banc Majority decision in Moroz to treat Appellant's prior acceptance of ARD as a first DUI offense. See Commonwealth v. Moroz, A.3d 2022 WL 4869900, * 5 ( Pa. Super. 2022) (en banc). However, for the reasons expressed in my Dissenting Opinion, I believe Moroz was wrongly decided. See id., A.3d at 2022 WL 4869900 at * 7-11 ( Dissenting Op., McCaffery, J.). Thus, I am constrained to concur in this decision.