# Commonwealth v. Jarowecki

> Superior Court of Pennsylvania · April 17, 2007 · 2007 Pa. Super. 107

URL: https://www.frixlaw.com/law-library/cases/9753513

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Craig Scott JAROWECKI, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** April 17, 2007
- **Citations:** 2007 Pa. Super. 107; 923 A.2d 425; 2007 Pa. Super. LEXIS 761
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bender
- **Judges:** Bender, Panella, Tamilia
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Commonwealth v. Jarowecki, 604 Pa. 242 (2009).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9753513

## How later opinions describe it (automated extraction)

- concluding that Shiffler did not overrule Vasquez expressly or implicitly

## Opinion text

CONCURRING AND DISSENTING STATEMENT BY
BENDER, J.
¶ 1 While I concur with the majority’s analysis as to issues C, D, and E and with the waiver of issues F, G and H, I respectfully dissent to the majority’s determination as to issues A and B. I believe that because the language of 18 Pa.C.S. § 6312(d)(2) is substantially identical to the language of 42 Pa.C.S. § 9714, issues A and B are controlled by Commonwealth v. Dickerson, 404 Pa.Super. 249 , 590 A.2d 766 (1991), aff'd, 533 Pa. 294 , 621 A.2d 990 (1993), and that, therefore, the case should be remanded for resentencing consistent with Dickerson. See also Commonwealth v. McClintic, 589 Pa. 465 , 909 A.2d 1241, 1247 (2006).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9753513. Public record. Not legal advice.