[J-58-2016] [MO: Wecht, J.]

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 709 CAP : Appellee : Appeal from the Judgment of Sentence : imposed on October 9, 2014 in the : Court of Common Pleas, York County, v. : Criminal Division at No. CP-67-CR- : 0006857 : TIMOTHY MATTHEW JACOBY, : SUBMITTED: May 10, 2016 : Appellant :

CONCURRING AND DISSENTING OPINION

JUSTICE DONOHUE DECIDED: September 28, 2017 I join the Majority’s reasoning and disposition with respect to all of Jacoby’s issues, except with respect to part VIII, on which I join in Chief Justice Saylor’s Dissenting Opinion with respect to the denial of Jacoby’s request for a Frye hearing on the subject of Y-STR DNA testing. For this reason, I would reverse the trial court’s ruling.