COMMONWEALTH OF PENNSYLVANIA v. ANGELNITA RUSSELL (2007)

ORDER

AND NOW, this 13 th day of December, 2007, the Petition for Allowance of Appeal is DENIED.

Mr. Justice Fitzgerald files a dissenting statement.

DISSENTING STATEMENT

I respectfully dissent from the decision to deny allowance of appeal to Petitioner, who filed a supplemental Pa.R.A.P.1925(b) statement before receiving the trial court's express permission to do so.   On May 3, 2005, the trial court issued its 1925(b) order.   Petitioner timely filed a “Preliminary Statement of Matters Complained of on Appeal and Request That Court Grant Consideration to a Supplemental Statement Upon Receipt of Notes of Testimony,” in which she requested permission to file a supplemental statement within

PER CURIAM