[J-41D-2017] [OAJC] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 86 MAP 2016 : Appellant : Appeal from the Order of the Superior : Court at No. 2125 MDA 2014 dated July : 14, 2015, Reconsideration Denied v. : September 17, 2015, Vacating and : Remanding the Judgment of Sentence : of Schuylkill County Court of Common ANGEL ANTHONY RESTO, : Pleas, Criminal Division, at No. CP-54- : CR-0001840-2013 dated November 24, Appellee : 2014. : : ARGUED: May 9, 2017

DISSENTING OPINION

JUSTICE BAER DECIDED: February 21, 2018 I join that portion of Justice Mundy’s Dissenting Opinion which holds that this Court’s decision in Commonwealth v. Wolfe, 140 A.3d 651 (Pa. 2016), requires a conclusion that 42 Pa.C.S. § 9718(a)(3) cannot withstand constitutional scrutiny. See Wolfe, 140 A.3d at 663 (“Section 9718 is irremediably unconstitutional on its face, non- severable, and void.”).