Com. v. Eastman, J. ( 2017 )

J-A16026-17
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
:
v. :
:
JOANNA J. EASTMAN, :
:
Appellant : No. 1865 WDA 2016
Appeal from the Judgment of Sentence October 31, 2016,
in the Court of Common Pleas of Greene County,
Criminal Division at No(s): CP-30-SA-0000038-2014
BEFORE: STABILE, J., FORD ELLIOTT, P.J.E., and STRASSBURGER,* J.
JUDGMENT ORDER BY STRASSBURGER, J.: FILED: September 7, 2017
Joanna J. Eastman (Appellant) appeals from the judgment of sentence
imposed on October 31, 2016, after she was found guilty of a summary
offense for driving on a suspended license. Because this appeal was filed
untimely, we quash this appeal.1
On October 31, 2016, Appellant was found guilty of the
aforementioned summary offense and sentenced to 30 days of incarceration
and a $1,000 fine. N.T., 10/31/2016, at 45. On December 1, 2016, she filed
a notice of appeal from her judgment of sentence.
A “notice of appeal … shall be filed within 30 days after the entry of
the order from which the appeal is taken.” Pa.R.A.P. 903(a). “The
imposition of sentence immediately following a determination of guilt at the
1
“Whether an appeal has been filed in time is a jurisdictional question that
may be raised by this court sua sponte.” Commonwealth v. Jones, 453
A.2d 1028 (Pa. Super. 1982).
*Retired Senior Judge assigned to the Superior Court.
J-A16026-17
conclusion of the trial de novo shall constitute a final order for purposes of
appeal.” Pa.R.Crim.P. 720(D). The comments to that rule provide that
“[t]he time for appeal in summary cases following a trial de novo runs from
the imposition of sentence.” Id. (comment).
Instantly, Appellant’s judgment of sentence was imposed in open court
on October 31, 2016;2 therefore, her notice of appeal was due 30 days later
on November 30, 2016. Appellant filed a notice of appeal on December 1,
2016. Thus, it was untimely filed, and we quash this appeal.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/7/2017
2
See N.T., 10/31/2016, at 45-46. The fact that Appellant’s judgment of
sentence was not entered on the docket until November 2, 2016 is not
relevant under these circumstances.
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