Com. v. Coleman, J.

J-S47022-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
JAYSON D. COLEMAN :
:
Appellant : No. 1777 WDA 2017
Appeal from the Judgment of Sentence Entered November 14, 2017
In the Court of Common Pleas of Allegheny County Criminal Division at
No(s): CP-02-SA-0001829-2017
BEFORE: OLSON, J., McLAUGHLIN, J., and STRASSBURGER*, J.
JUDGMENT ORDER BY McLAUGHLIN, J.: FILED AUGUST 24, 2018
Jayson D. Coleman appeals from the judgment of sentence of a $25.00
fine plus costs, imposed November 14, 2017, following the dismissal of his
summary appeal. We affirm.
In August 2017, local police cited Coleman for careless driving following
a traffic incident. See Traffic Citation, 08/28/2017. In September 2017, a
magisterial district judge found him guilty, and Coleman appealed. Notice of
Appeal from Summary Conviction, 09/14/2017. Coleman’s summary appeal
for trial de novo was scheduled for November 14, 0217, at Allegheny County
Court of Common Pleas. Id. Coleman failed to appear for his trial de novo.
See Notes of Testimony (N.T.), 11/14/2017, at 2. The court then dismissed
Coleman’s summary appeal and imposed sentence. Id.; see also Sentencing
Order, 11/14/2017. Coleman timely appealed to this Court. Notice of Appeal,
11/28/2017.
____________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S47022-18
Following a conviction in any summary proceeding, a defendant may
appeal for trial de novo in the court of common pleas. See Pa.R.Crim.P.
462(A). However, Pennsylvania Rule of Criminal Procedure 462 provides:
If the defendant fails to appear, 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).
Here, Coleman appealed from his summary conviction for careless
driving. His trial de novo was duly scheduled, and Coleman was notified that
it would occur on November 14, 2017. Coleman failed to appear. See N.T.
at 2. Coleman provides no explanation for his failure to appear nor legal
authority upon which we may grant relief. See generally Coleman’s Br.
Following our review of the record, we discern no error in the trial court’s
decision to dismiss Coleman’s summary appeal for trial de novo and impose
sentence. Pa.R.Crim.P. 462(D). Accordingly, we affirm.
Judgment of sentence affirmed.
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J-S47022-18
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/24/2018
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