Commonwealth v. Williams

CONCURRING STATEMENT BY

KLEIN, J.:

¶ 1 As I noted in my concurring statement in Commonwealth v. Jacobs, 2006 PA Super 95, 890 A.2d 1063 (filed May 1, Pa.Super. 2006), I am reluctant to address a constitutional question in dicta. In Jacobs, the defendant did enjoy her right of allocution, and there was no need to discuss the issue as to whether the denial of the right of allocution renders a sentence illegal. In the instant case, as the majority points out, the sentence was automatic; no statement from defendant or anyone else could have altered it.

*912¶ 2 It is true that the Pennsylvania Supreme…