Com. v. Cooper, J. ( 2022 )

J-A03026-22
2022 PA Super 106COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT
OF
PENNSYLVANIA
Appellee
v.
JEFFREY COOPER
Appellant No. 1189 EDA 2021
Appeal from the Order Entered May 11, 2021
In the Court of Common Pleas of Montgomery County
Criminal Division at No: CP-46-CR-0004008-2019
BEFORE: STABILE, J., DUBOW, J., and McCAFFERY, J.
CONCURRING OPINION BY STABILE, J.: FILED JUNE 8, 2022
I concur in the Majority’s opinion, but write only to express my view that
I believe this Court’s en banc decision in Commonwealth v. Simmons, 262
A.3d 512 (Pa. Super. 2021) that held, inter alia, a VOP court may not
anticipatorily revoke an order of probation prior to the commencement of
probationary supervision to be in error.1 My reasons for doing so are well
stated by our colleague Judge Bowes in her concurring and dissenting opinion
in Simmons.
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1 It should be noted that our Supreme Court has granted review of this issue
in the case of Commonwealth v. Rosario, Nos. 1271 WDA 2020, 1272
WDA 2020, and 1273 WDA 2020 (Pa. Super. filed Sept. 10, 2021).