Commonwealth v. Berta

I join in the scholarly opinion by Judge Kelly, but write separately because I believe appellant did not carry a concealed weapon and that his conviction was therefore erroneous. Although appellant’s counsel raised this issue in post-trial motions and the trial court addressed the issue in its opinion, counsel inexplicably abandoned the issue of concealment on appeal. We cannot properly treat the issue on its merits, for it has been waived. Pa.R.A.P. 2116(a), 2119(a); Commonwealth v. Balch, 328 Pa.Super. 71, 76, 476 A.2d 458, 461 (1984); Rago v. Nace, 313 Pa.Super. 575, 578, 460 A.2d 337, 339…