Cohron v. Commonwealth

Although I concur with the majority’s conclusion that the bifurcation of the May 28, 2006, charge of second-degree escape was unnecessary and thus harmless, I must respectfully dissent from the further conclusions that (1) there was insufficient evidence to support the fact that Appellant had been charged with a felony prior to the June 12, 2006, escape, and (2) that such a failure — in the face of the uncontested previous felony charges of May 28 and June 9, 2006 — was not harmless error, at least in view of the fact that the same jury was purposely held over to try the guilt phase of the…