Commonwealth v. Clyde

I concur with and join the majority, but write separately in order to address the propriety of reaching the merits of the issue before us. This question is raised by the dissent.

In Commonwealth v. Johnson, 270 Pa.Super. 58, 410 A.2d 895 (1979), our court determined that the Commonwealth could not appeal an order sustaining defendant’s appeal from a summary conviction. Johnson is distinguishable from the case at hand, however, as the lower court in Johnson entered a judgment of not guilty when the appeal was sustained. My review of the record before us evinces no entry of such a judgment.…