*1 J-S68017-16

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF

: PENNSYLVANIA Appellee :

:

v. :

:

JASON ROY WAUGAMAN, :

:

Appellant : No. 1859 WDA 2015

Appeal from the Judgment of Sentence September 30, 2015, in the Court of Common Pleas of Allegheny County, Criminal Division at No(s): CP-02-CR-0000831-2015 BEFORE: SHOGAN, SOLANO, and STRASSBURGER,* JJ.

CONCURRING STATEMENT BY STRASSBURGER, J.: FILED: OCTOBER 31, 2016

I join the Majority Memorandum. Unless the First Amendment was repealed when I was not looking, giving someone the finger should not constitute a crime.

*Retired Senior Judge assigned to the Superior Court.