# Com. v. Francis, C.

> Superior Court of Pennsylvania · March 9, 2026

URL: https://www.frixlaw.com/law-library/cases/11272542

## Case

- **Court:** Superior Court of Pennsylvania
- **Decided:** March 9, 2026
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Lazarus
- **Judges:** Panella; Lazarus
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37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-

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11272542. Public record. Not legal advice.