Superior Court of Pennsylvania June 6, 2005 (In Re Private Criminal Complaint of Wilson)

BOWES, J.,

Dissenting:

¶ 1 In the present case, the prosecutor’s decision not to prosecute rested on three rationales, as outlined on page four of the majority’s decision. First, the district attorney concluded that the likelihood of a conviction was minimal, which constituted a legal evaluation of the evidence and is subject to appellate de novo review. Commonwealth v. Benz, 523 Pa. 203, 565 A.