Com. v. Pucci, M. ( 2015 )

J-S29035-15
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
MARY ANN PUCCI, :
:
Appellant : No. 1818 WDA 2014
Appeal from the Order Entered October 8, 2014,
in the Court of Common Pleas of Allegheny County,
Criminal Division, at No.: CP-02-SA-0001769-2014
BEFORE: PANELLA, MUNDY, and STRASSBURGER,* JJ.
JUDGMENT ORDER BY STRASSBURGER, J.: FILED JULY 16, 2015
Mary Ann Pucci (Appellant) appeals pro se from the October 8, 2014
order which dismissed her summary appeal and entered judgment against
her after she failed to appear at her summary appeal hearing. We affirm.
Appellant was cited for disorderly conduct as a result of an incident on
June 7, 2014, wherein Appellant, inter alia, shouted obscenities at police
officers and her neighbors following the arrest of her son and nephew. On
July 14, 2014, Appellant was found guilty of the aforementioned offense by a
magisterial district court. Appellant filed an appeal, and a de novo hearing
before the Court of Common Pleas of Allegheny County was scheduled for
October 8, 2014. Appellant did not appear for the hearing. Consequently,
the trial court dismissed the appeal and entered judgment against Appellant
pursuant to Pa.R.Crim.P. 462(D). This timely appeal followed.
*Retired Senior Judge assigned to the Superior Court.
J-S29035-15
Our standard of review from an appeal of a summary conviction
following de novo trial is whether there was an error of law or
whether the findings of the court are supported by the record.
The trial court’s verdict will only be disturbed if there was a
manifest abuse of discretion.
Commonwealth v. Akinsanmi, 55 A.3d 539, 540 (Pa. Super. 2012)
(citation omitted).
If a defendant fails to appear for a de novo summary trial, “the trial
judge may dismiss the appeal and enter judgment in the court of common
pleas on the judgment of the issuing authority.” Pa.R.Crim.P. 462(D). The
comment to Rule 462 explains that “[p]aragraph (D) makes it clear that the
trial judge may dismiss a summary case appeal when the judge determines
that the defendant is absent without cause from the trial de novo.”
Pa.R.Crim.P. 462, cmt. Thus, “[w]hen a defendant does not appear for the
summary appeal and does not provide an excuse, dismissal of the appeal is
proper. Conversely, when good cause for the absence is shown, a new trial
should be granted.” Akinsanmi, 55 A.3d at 540 (citations omitted).
Although Appellant acknowledges in her brief that her appeal was
dismissed because she failed to appear at the summary appeal hearing,
Appellant fails to provide any explanation for her absence. Because
Appellant has failed to establish good cause for her failure to appear, she is
not entitled to relief. Accordingly, we affirm the order of the trial court.
Order affirmed.
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J-S29035-15
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/16/2015
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