Com. v. Bell, A. ( 2014 )

J-S70020-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
ANTONIO R. BELL
Appellant No. 877 EDA 2014
Appeal from the Judgment of Sentence January 23, 2014
In the Court of Common Pleas of Chester County
Criminal Division at No(s): CP-15-CR-001609-2003
BEFORE: LAZARUS, J., MUNDY, J., and STRASSBURGER, J.*
JUDGMENT ORDER BY MUNDY, J.: FILED OCTOBER 30, 2014
Appellant, Antonio R. Bell, appeals from the January 23, 2014
aggregate judgment of sentence of 38 months and five days to 60 months’ 1
imprisonment following the revocation of his parole and probation. After
careful review, we quash this appeal.
As noted above, on January 23, 2014, the trial court found Appellant
in violation of his parole and probation and imposed the above-mentioned
sentence. On January 31, 2014, Appellant filed a timely motion for
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*
Retired Senior Judge assigned to the Superior Court.
1
Based on technical violations as well as his conviction for new offenses in
Bucks County, Appellant was sentenced to 14 months and five days’
imprisonment for the remaining portion of his revoked parole sentence, and
a consecutive two to five years’ imprisonment for revocation of his
probation.
J-S70020-14
reconsideration of sentence pursuant to Pennsylvania Rule of Criminal
Procedure 708(E), which the trial court denied on February 18, 2014. On
March 18, 2014, Appellant filed a pro se notice of appeal.2
Before we may entertain Appellant’s appeal, we must first determine
whether we have jurisdiction. We may raise issues concerning our appellate
jurisdiction sua sponte. Commonwealth v. Andre, 17 A.3d 951, 957-958
(Pa. Super. 2011). In order to invoke our appellate jurisdiction,
Pennsylvania Rule of Appellate Procedure 903 requires that “the notice of
appeal … be filed within 30 days of the imposition of the judgment of
sentence in open court.” Pa.R.A.P. 903(c). Since this filing period is
jurisdictional in nature, it must be strictly construed and “may not be
extended as a matter of indulgence or grace.” Commonwealth v. Pena,
31 A.3d 704, 706 (Pa. Super. 2011) (citation omitted). In addition, Rule
708(E) states that “[t]he filing of a motion to modify sentence will not toll
the 30-day appeal period.” Pa.R.Crim.P. 708(E); accord Commonwealth
v. Heilman, 876 A.2d 1021, 1026 (Pa. Super. 2005) (citations omitted).
In this case, Appellant was sentenced on January 23, 2014. Although
Appellant filed a timely motion to modify sentence, this did not toll the Rule
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2
We note that on an alternative basis, this Court could quash Appellant’s
appeal for filing a pro se notice of appeal while also represented by counsel,
as “the disapproval of hybrid representation is effective at all levels.”
Commonwealth v. Cooper, 27 A.3d 994, 1000 n.9 (Pa. 2011) (citation
omitted).
-2-
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903 filing period. As a result, Appellant’s notice of appeal was due within 30
days of the imposition of sentence, i.e., by February 24, 2014.3 Appellant
filed the instant notice of appeal on March 18, 2014, 22 days past the Rule
903 filing deadline.4
Based on the foregoing, we conclude that Appellant’s notice of appeal
was untimely, as it was filed 54 days after the trial court imposed Appellant’s
sentence in open court. Accordingly, we conclude that we are without
jurisdiction, and quash this appeal.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/30/2014
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3
We observe that the 30th day fell on Saturday, February 22, 2014. When
computing the 30-day filing period, “[if] the last day of any such period shall
fall on Saturday or Sunday … such day shall be omitted from the
computation.” 1 Pa.C.S.A. § 1908. Therefore, the 30th day for Appellant to
file a timely notice of appeal was Monday, February 24, 2014.
4
We note the trial court informed Appellant at sentencing of the ten-day
period to file an optional motion for modification of sentence, as well as the
30-day filing period for a notice of appeal. N.T., 1/23/14, at 26.
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