HomeMy WebLinkAboutCP-21-MD-0000572-2009 (2)
COMMONWEALTH : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. :
:
BRIAN SCOTT WUBBE, :
Defendant/Petitioner : CP-21-MD-572-2009
IN RE: OPINION PURSUANT TO PA. R.A.P. 1925
OLER, J., December 8, 2009.
In this expungement case, the Commonwealth has appealed from an order
1
expunging certain summary offenses from the record of Brian Scott Wubbe. The
basis for the appeal has been expressed in the Commonwealth’s statement of
errors complained of on appeal as follows:
The lower court erred in focusing on the result of the expungement
statute and in analyzing the legislative intent when the plain reading of the
2
statute is clear and free from ambiguity.
The rationale for the court’s interpretation of the expungement statute in
question to authorize the expungement of certain summary offense convictions of
Defendant which occurred more than 12 years ago was set forth in an opinion,
dated November 4, 2009, which accompanied the order appealed from.
Accordingly, the Clerk of Courts is directed to transmit the record to the
Pennsylvania Superior Court for disposition of the Commonwealth’s appeal.
BY THE COURT,
_________________
J. Wesley Oler, Jr., J.
Michelle H. Sibert, Esq.
Chief Deputy District Attorney
1
Commonwealth’s Notice of Appeal, filed November 12, 2009.
2
Commonwealth’s Concise Statement of Matters Complained of on Appeal, filed December 4,
2009.
Glenn R. Davis, Esq.
1700 Bent Creek Boulevard
Suite 140
Mechanicsburg, PA 17050
Attorney for Defendant