Com. v. Newkirk, C.

J-A26025-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF : PENNSYLVANIA : v. : : : CURTIS NEWKIRK : : Appellant : No. 833 WDA 2018 Appeal from the Judgment of Sentence April 16, 2018 In the Court of Common Pleas of Allegheny County Criminal Division at No(s): CP-02-CR-0014209-2017 BEFORE: SHOGAN, J., LAZARUS, J., and OLSON, J. DISSENTING MEMORANDUM BY LAZARUS, J.: FILED MARCH 20, 2020 I respectfully dissent. In my opinion, the Victim’s statement does not qualify as an excited utterance. However, even if her statement does…