*1 J-S64019-17

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA : v. :

: : JARAY PELIER :

: Appellant : No. 284 MDA 2017 Appeal from the Judgment of Sentence December 19, 2016 In the Court of Common Pleas of Lackawanna County Criminal Division at

No(s): CP-35-CR-0002461-2015 BEFORE: PANELLA, J., SHOGAN, J., and FITZGERALD, ^[*] J.

CONCURRING AND DISSENTING STATEMENT BY FITZGERALD, J.:

FILED DECEMBER 08, 2017 While I agree with the majority’s disposition of Appellant’s claims, I am of the view that the term “prison,” as used in 18 Pa.C.S. § 5123, does not include a police headquarters. Although a police station may contain temporary detention facilities, it is not a facility for housing persons convicted of crime or awaiting trial. Cf. Commonwealth v. Clark , 761 A.2d 190, 193 (Pa. Super. 2000) (holding that police station is a “detention facility” for the purposes of aggravated harassment by a prisoner). Therefore, I respectfully concur in part and dissent in part. ____________________________________________

[*] Former Justice specially assigned to the Superior Court.

J-S64019-17

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