Commonwealth v. Sandly

I respectfully dissent. The majority attempt to distinguish the facts of Commonwealth v. Hagerman, 358 Pa. Super. 253, 517 A.2d 189 (1986) and those of the instant case from the facts presented in Commonwealth v. Hatcher, 345 Pa.Super. 481, 498 A.2d 925 (1985), and therefore decline to apply the decision of our Supreme Court in Commonwealth v. Revtai, 516 Pa. 53, 532 A.2d 1 (1987) (expressly overruling Hatcher) to the facts of the instant case. In my opinion, they have not succeeded in distinguishing the cases. In accordance with Commonwealth v. Revtai, supra, I would find that the letter and…