[J-29-2019] [MO: Wecht, J.]

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA, : No. 26 WAP 2018 : Appellee : Appeal from the Order of the Superior : Court entered February 14, 2018 at : No. 158 WDA 2017, affirming the v. : Order of the Court of Common Pleas : of Somerset County entered : December 22, 2016, at No. CP-56- JEFFREY ALAN OLSON, : CR-0000544-2015 : Appellant : ARGUED: April 10, 2019

DISSENTING OPINION

JUSTICE DONOHUE DECIDED: OCTOBER 31, 2019 I join the Dissenting Opinion authored by Chief Justice Saylor in all respects other than the last paragraph, which addresses the possibility of waiver of a Birchfield claim.