Commonwealth v. Picker
Commonwealth v. Picker
Opinion of the Court
This is an áppeal from the judgment of sentence of the Court of Common Pleas of Montgomery County imposing a fine upon appellant for the summary offense of speeding in violation of the Vehicle Code, 75 Pa.C.S. § 3362(a)(1). Appellant was initially found guilty by his local district justice and ordered to pay a fine. He appealed his summary conviction to the court of common pleas which held a de novo trial on the charge. Appellant was again found guilty and ordered to pay a fine by order of court dated May 22, 1980. This appeal followed.
Finally, we note that in this case the lower court, pursuant to Pa.R.App.P. 1925(b), issued an order directing appellant to file of record a concise statement of the matters complained of on appeal. Thus, the appellant did so and the lower court specifically addressed these issues in its opinion in support of an order pursuant to Pa.R.App.P. 1925(a). This, however helpful, is certainly not an adequate substitute for the filing of post-verdict motions because the latter ask the lower court to reconsider its decision in light of alleged errors whereas the former simply requires the court to justify and articulate the reasons for its decision. This distinction is crucial in light of the fact that one of the main purposes for requiring post-verdict motions is to give the lower court an opportunity to correct asserted errors at that early stage without necessitating the expenditure of time and judicial energy in taking a costly appeal to the appellate
For all of the foregoing reasons, the judgment of sentence is vacated and the case is remanded for the filing of post-verdict motions nunc pro tunc within 10 days of the filing of this order. Jurisdiction is relinquished.
. The issues raised in appellant’s brief read as follows:
Statements of Questions Involved
I. DOES THE FAILURE OF A DISTRICT JUSTICE TO HOLD AN ORIGINAL HEARING UNDER PENNSYLVANIA RULE OF CRIMINAL PROCEDURE 55-2(a) WITHIN THREE TO TEN DAYS AFTER A DEFENDANT APPEARS PERSONALLY AND POSTS THE SECURITY REQUIRED BY THE ISSUING AUTHORITY REQUIRE A DISMISSAL OF THE CHARGES AGAINST A DEFENDANT?*383 THIS ISSUE ANSWERED IN THE NEGATIVE BY THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY.
II. WHERE THE COMMONWEALTH JOINS IN AND MOVES FOR A DISMISSAL OF THE CHARGES AGAINST AN ACCUSED IN A SUMMARY CASE ARISING FROM AN ALLEGED VIOLATION OF THE MOTOR VEHICLE CODE, DOES THE LOWER COURT HAVE THE AUTHORITY TO REJECT SAID MOTION BY THE COMMONWEALTH? THIS WAS ANSWERED IN THE NEGATIVE BY THE LOWER COURT, BUT NOT DISCUSSED IN THE OPINION OF THE LOWER COURT.
III. WHERE AN ACCUSED IS CHARGED WITH SPEEDING UNDER THE MOTOR VEHICLE CODE AND THE APPARATUS OF A TWO WAY RADIO TRANSMITTER IS USED AS AN ESSENTIAL PART OF THE COMMONWEALTH’S CASE, AND WHERE THE COMMONWEALTH FAILS TO INTRODUCE PROOF CERTIFYING THE TESTING AND ACCURACY OF SUCH ELECTRONIC DEVICE, HAS THE COMMONWEALTH FAILED TO MEET THE BURDEN OF PROOF THEREBY REQUIRING A DISMISSAL OF THE CHARGES AGAINST AN ACCUSED? THIS WAS ANSWERED IN THE NEGATIVE BY THE LOWER COURT.
IV. DID THE LOWER COURT COMMIT ERROR IN FINDING THAT THE TESTIMONY ESTABLISHED THE GUILT OF THE APPELLANT BEYOND A REASONABLE DOUBT WHERE THE COMMONWEALTH’S CASE IS BASED SOLELY ON THE TESTIMONY OF A SPEED ENFORCEMENT TEAM CONSISTING OF THREE POLICE OFFICERS NONE OF WHOM OBSERVED THE VEHICLE DRIVEN BY THE ACCUSED THROUGH THE ENTIRE MEASURED SPEED ZONE? THIS WAS ANSWERED IN THE NEGATIVE BY THE LOWER COURT.
Concurring Opinion
concurring:
Although I agree with the post-verdict analysis. I do not believe a remand is necessary. The record presently before the court is more than adequate for the disposition of the issues raised. Commonwealth v. Koch, 288 Pa.Super. 290, 431 A.2d 1052 (1981).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. David J. PICKER, Appellant
- Cited By
- 30 cases
- Status
- Published