J-A08036-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MARTIN GREEN : : Appellant : No. 1645 EDA 2024 Appeal from the Judgment of Sentence Entered January 26, 2024 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0000608-2023

BEFORE: LAZARUS, P.J., McLAUGHLIN, J., and SULLIVAN, J.

CONCURRING/DISSENTING MEMORANDUM BY McLAUGHLIN, J.: FILED SEPTEMBER 30, 2025 I respectfully disagree with the majority that the evidence was sufficient to grade the conviction for possession of a firearm prohibited as a first-degree felony. Appellant merely stipulated that he had a disqualifying prior conviction.

He did not admit any particular offense. It was an error on the Commonwealth’s part not to get a fuller stipulation or present evidence of the specific prior conviction. Its failure to do either renders the first-degree felony grading improper. I respectfully dissent on this point only.