# Commonwealth v. Jenkins

> Superior Court of Pennsylvania · April 1, 1987 · 362 Pa. Super. 138

URL: https://www.frixlaw.com/law-library/cases/6307837

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Marshall W. JENKINS, III
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 1, 1987
- **Citations:** 362 Pa. Super. 138; 523 A.2d 813; 1987 Pa. Super. LEXIS 7600
- **Precedential status:** Published
- **Opinion:** Concurring in part by Montemuro
- **Judges:** Files, Montemuro, Montgomery, Popovich
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6307837

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6307837. Public record. Not legal advice.