Opinion

Commonwealth v. Jenkins

  • 362 Pa. Super. 138
  • 523 A.2d 813
  • 1987 Pa. Super. LEXIS 7600
Court
Superior Court of Pennsylvania
Filed
Apr 1, 1987
Status
Published
Author
Montemuro
On the bench
Files, Montemuro, Montgomery, Popovich
Cited by
2 cases

The opinion

MONTEMURO, Judge,

concurring and dissenting:

While I agree with the majority’s ultimate disposition of this case, I do not believe the PCHA (Post Conviction Hearing Act) to be applicable to summary convictions. The same principle which specifically excludes such convictions from the prior record score computations used in sentencing seems to me to dictate this result. I do not suggest that the legal consequences of these convictions are illusory or negligible, but every human action, at least theoretically, produces some repercussions, and I feel that the direct appeal process is sufficient to address these.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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