Commonwealth v. Jones
Commonwealth v. Jones
Opinion of the Court
Appellant contends that the sentence imposed by the court below was excessive. We cannot reach the issue, however, because the appeal was not timely filed.
The relevant facts are as follows: appellant entered a guilty plea to a charge of burglary, 18 Pa.C.S.A. § 3502, following which he was sentenced to a prison term of two (2) to four (4) years on December 9, 1981. On December 15, 1981, appellant filed a petition for reconsideration of sentence. The court below denied the petition on January 21, 1982. On February 12, 1982, appellant filed this appeal from the order denying the petition for reconsideration. No direct appeal from the judgment of sentence was ever taken.
This case is controlled by Commonwealth v. Wilkinson, 260 Pa.Super. 77, 393 A.2d 1020 (1978). The defendant in that case filed no direct appeal from the judgment of sentence which was entered on January 24, 1977, but in
In addition, the comment to Pa.R.Crim.P. 1410 states that, “... [T]he mere filing of a motion for modification of sentence and the court’s scheduling of a hearing on the motion do not affect the running of the thirty-day period for filing a timely notice of appeal, and the need for the defendant to file his appeal (both as to the merits of the case or as to the sentence) within that period.”
Accordingly, the appeal is quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.