Com. v. Tompson, J. ( 2018 )

J-S17036-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
JAMAL TOMPSON,
Appellant No. 957 EDA 2017
Appeal from the Judgment of Sentence entered February 17, 2017,
in the Municipal Court of Philadelphia,
Criminal Division, at No(s): MC-51-CR-0027207-2013
BEFORE: BENDER, P.J.E., LAZARUS, J. and KUNSELMAN, J.
JUDGMENT ORDER BY KUNSELMAN, J.: FILED MARCH 29, 2018
Jamal Tompson appeals from the Municipal Court of Philadelphia’s
judgment of sentence for various probation violations. Tompson has
mistakenly filed his appeal with this Court. The Rules of Criminal Procedure
for the Philadelphia Municipal Court provide that if a defendant wishes to
challenge an order of the Municipal Court, he shall file either a petition for
writ of certiorari or a notice of appeal. Pa.R.Crim.P. 1006, 1008. “A trial de
novo gives the defendant a new trial without reference to the Municipal
Court record; a petition for writ of certiorari asks the Common Pleas Court to
review the record made in the Municipal Court.” Commonwealth v.
Beaufort, 112 A.3d 1267, 1269 (Pa. Super. 2015) (citation omitted).
J-S17036-18
Because Tompson is challenging the sentence only, we assume he is
requesting a writ of certiorari.1
“[I]t is quite clear that the Philadelphia Court of Common Pleas enjoys
appellate jurisdiction” over this appeal from the Philadelphia Municipal Court.
Commonwealth v. Anthony, 613 A.2d 581, 586 (Pa. Super. 1992).
Pursuant to Pennsylvania Rule of Appellate Procedure 751, this case is
transferred to the Court of Common Pleas of Philadelphia County. The trial
court shall treat this appeal “as if originally filed in transferee court on the
date first filed” – in this case, March 16, 2017. Pa.R.A.P. 751.
The Anders brief filed by Tompson’s attorney is premature; as such it
is denied.
Appeal transferred to Philadelphia Court of Common Pleas for
proceedings consistent with this Judgment Order. Motion to withdraw as
counsel denied.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/29/18
____________________________________________
1If Tompson is seeking a trial de novo, he shall immediately notify the trial
court.
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