March 21, 2014
Commonwealth of Pennsylvania
Jack V. Coble, Appellant
Submitted February 14, 2014.
This opinion appears in the table format in the Atlantic Reporter
BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.
MEMORANDUM OPINION AND ORDER
BONNIE BRIGANCE LEADBETTER, Judge.
Appellant Jack V. Coble was convicted of violating Section 2126(a)(6) of the Game and Wildlife Code, 34 Pa. C.S. § 2126(a)(6), which makes it unlawful for any person to " [r]efuse to answer, without evasion, upon request of any representative of the commission, any pertinent question pertaining to the killing or wounding of any game or wildlife killed or wounded, or the disposition of the entire carcass or any part thereof." On appeal to this court, Coble raises various constitutional challenges to Section 2126(a)(6), including tat it violates the Fifth Amendment of the United States Constitution and Article I, Section 9 of the Pennsylvania Constitution, which protect the right against self-incrimination, and that the provision is unconstitutionally overly broad and ambiguous. Coble asks this court to " declare [his] conviction for violating [34 Pa. C.S. § 2126(a)(6)] 'unconstitutional' and to vacate the same." See Amended Brief of Appellant at 27.
By letter dated December 26, 2013, the prosecuting attorney for the Commonwealth, Assistant District Attorney Daniel Stern, has advised the court that his office, appellee in this matter, does not oppose entry of the relief requested by Coble. Further, Mr. Stern has advised the court that he notified the Pennsylvania Attorney General and counsel for the Game Commission (the agency initiating the charges) of his position and served both with copies of his December 26 letter. Neither the Office of Attorney General nor the Game Commission has moved to intervene in this matter, nor otherwise to oppose the relief requested.
Accordingly, based on the lack of opposition by the Commonwealth, the Order of the Court of Common Pleas of the 41st Judicial District, Perry County Branch, finding Jack V. Coble guilty and imposing sentence at No. CP-50-SA-0000010-2013, is hereby VACATED this 21st day of March, 2014.