[J-46-2016] [MO:Donohue, J.]

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 66 MAP 2015 : Appellee : Appeal from the Order of the Superior : Court dated February 9, 2015 at No. : 386 MDA 2014 reversing the Order of v. : the Court of Common Pleas of Clinton : County, Criminal Division, dated : February 26, 2014 at No. CP-18-CR- RAHIEM CARDEL FANT, : 0000415-2013 : Appellant : SUBMITTED: March 16, 2016

CONCURRING AND DISSENTING OPINION

JUSTICE TODD DECIDED: September 28, 2016 I join the Majority Opinion, except for its mandate. For the reasons expressed by Justice Baer, see Dissenting Opinion (Baer, J.) at 5-6, I would remand the matter to the Superior Court for resolution of the remaining issues presented by the Commonwealth to, but not addressed by, that court.