Commonwealth v. Rose

McEWEN, P.J.E.,

Concurring and Dissenting:

¶ 1 Since the author of the majority Opinion has provided a sound rationale of position and a perceptive expression of view, I hasten to join in that portion of the Opinion that holds that the charges withdrawn at the district justice level were properly reinstated in response to the appeal filed by appellant. I am, however, unable to agree that appellant could collaterally attack the validity of the Florida license suspension in this prosecution for violation of 75 Pa.C.S. § 1606. Cf. Commonwealth v. Wolf, 534 Pa. 283, 632 A.2d 864 (1993); Fetty v.…