Com. v. Nuzzo, M.

J-S07011-22

2022 PA Super 183

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : MARC W. NUZZO : : Appellant : No. 726 WDA 2021 Appeal from the Order Dated May 20, 2021 In the Court of Common Pleas of McKean County Criminal Division at No(s): CP-42-CR-0000175-2019 BEFORE: OLSON, J., SULLIVAN, J., and PELLEGRINI, J.* CONCURRING/DISSENTING OPINION BY SULLIVAN, J.: FILED: OCTOBER 18, 2022 The majority sets forth a persuasive rationale to hold that this appeal is properly before this Court and that the trial court erred in holding that the petition for an incompetency…