Com. v. Martin, L.

J-A01001-18 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF : IN THE SUPERIOR COURT OF PENNSYLVANIA : PENNSYLVANIA : : v. : : : LESHON A. MARTIN : : No. 537 EDA 2017 Appellant Appeal from the Judgment of Sentence July 14, 2016 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0002616-2015 BEFORE: LAZARUS, J., OTT, J., and PLATT*, J. CONCURRING AND DISSENTING MEMORANDUM BY LAZARUS, J.: FILED APRIL 04, 2018 I concur with the majority’s determination that Martin did not waive his Birchfield claim. Specifically, the majority…