*1 J-S23020-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF

: PENNSYLVANIA Appellant :

:

v. :

: ROBERT J. BOOTH, JR. : No. 1773 EDA 2016

Appeal from the Order May 25, 2016

in the Court of Common Pleas of Philadelphia County, Criminal Division, No(s): CP-51-CR-0005705-2015 BEFORE: OLSON, SOLANO and MUSMANNO, JJ.

CONCURRING STATEMENT BY MUSMANNO, J.: FILED JULY 07, 2017

I agree with the Majority’s conclusion that the first prong of the test for a due process claim was satisfied “as the delay caused Appellee prejudice[.]” Slip Opinion at 6. Further, I am constrained to agree with the Majority that the second prong was not met, as the delay in filing charges was “through no fault of the Commonwealth.” Trial Court Opinion, 8/30/16, at 5. Thus, Appellee’s due process claim must fail under the law as it presently exists.

Thus, while I reluctantly agree with the result reached by the Majority, I am troubled by its impact. The prejudice caused to Appellee by a 23-year delay, with no explanation as to the reason for the delay, when coupled with charges that span a three-year period, violates the notion of fundamental fairness essential to due process.

Judge Olson joins this concurring statement.