Supreme Court of Pennsylvania, 2012

Commonwealth v. Lynch

Supreme Court of Pennsylvania · Decided February 21, 2012 · Baer, Castille, Consideration, Eakin, Files, Matter, McCaffery, Melvin, Saylor, Todd

614 Pa. 507; 38 A.3d 797

Opinion of the Court

*508 ORDER

PER CURIAM.

The appeal is dismissed as having been IMPROVXBENTLY GRANTED.

Justice ORIE MELVIN did not participate in the consideration or decision of this matter. Justice SAYLOR files a Dissenting Statement.

Dissenting Opinion

Justice SAYLOR,

dissenting.

I agree "with Appellant’s position that the plain language of the version of Section 5553(e) applicable to his case should be enforced: “No proceedings shall be held or action taken pursuant to a summary offense under Title 75 subsequent to two years after the commission of the offense.” 42 Pa.C.S. § 5553(e) (superseded). In my view, the judicially-created tolling practice that has evolved in the trial and intermediate courts conflicts with the plain language and purposes of the statute and should be disapproved by this Court. Accord 42 Pa.C.S. § 5554 (excepting the offenses identified in Section 5553(e) from the statutory tolling provisions).

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