The opinion
J-A30030-25
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
CAESAR CHEVAR FRANCIS : No. 1086 EDA 2025
Appeal from the Order Entered April 10, 2025
In the Court of Common Pleas of Pike County Criminal Division at No(s):
CP-52-CR-0000615-2023
BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and SULLIVAN, J.
CONCURRING STATEMENT LAZARUS, P.J.: FILED MARCH 9, 2026
I join the learned majority in full, but write separately to express my
displeasure with the state of this record. Based upon my review, I believe
that the trial court excluded the expert report, and presumably the expert
testimony in its April 10, 2025 order, due to a potential discovery violation by
the Commonwealth’s failure to timely request drug testing of the vape pens
found in Francis’s vehicle. See Pa.R.Crim.P. 573. However, neither Francis’s
motion in limine nor the trial court’s orders make any mention of a discovery
violation. Further, there is no ruling about what potential discovery rule the
Commonwealth violated and the trial court did not address the potential
remedies that are set forth under Rule 573(E). This Court is not permitted
to speculate as to the basis of a trial court’s ruling and we are limited to only
the record before us. Therefore, I am constrained to join the majority’s
disposition.
J-A30030-25
Panella, P.J.E., Joins Concurring Statement
Sullivan, J., Notes Her Dissent
-2-