Commonwealth v. Ostrosky

CONCURRING AND DISSENTING STATEMENT BY

POPOVICH, J.:

¶ 1 I disagree with the majority’s decision to reverse Appellant’s judgment of sentence pertaining to the conviction under the retaliation statute. Accordingly, I respectfully dissent to this holding. I agree with the majority’s dismissal of Appellant’s ineffective assistance of counsel claim without prejudice to raise on collateral review.

¶ 2 The majority held that the legislature did not intend to punish the single incident of threatening verbal conduct under the retaliation statute. Maj. Op., at 430-31. I disagree.

¶ 3 The crime of…