Appeal from the Order of the Court of Common Pleas of Franklin County in case of Commonwealth of Pennsylvania, Department of Transportation v. Rodney Lee Long, Misc. Docket, Vol. W., Page 389.
John L. Heaton, Assistant Attorney General, with him Robert W. Cunliffe, Deputy Attorney General, and Robert P. Kane, Attorney General for appellant.
James M. Schall, for appellee.
Judges Rogers, Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Rogers.
The Department of Transportation of the Commonwealth of Pennsylvania (Department) has appealed from an order of the Franklin County Court of Common Pleas dated December 17, 1976 reversing the action of the Secretary of Transportation suspending
the operating privileges of the appellee, Rodney Lee Long.
On July 27, 1976 Long pleaded guilty to corrupting the morals of minors in violation of Section 3125(a) of the Crimes Code, Act of December 6, 1972, P.L. 1482, as amended, 18 Pa. C.S. § 3125(a). The court suspended sentence for six months upon the conditions that Long would pay costs and $300 to the use of the County and be on probation. The Clerk of Courts certified Long's conviction to the Department of Transportation. The Secretary of Transportation suspended Long's operating privileges for a year, pursuant to Section 618(a)(2) of the Vehicle Code, Act of April 29, 1959, P.L. 58, as amended, 75 P.S. § 618(a)(2).*fn1 The order of suspension was issued and mailed to Long by the Department's Bureau of Traffic Safety on September 23, 1976. Long appealed the order to the Court of Common Pleas of Franklin County on October 27, 1976.
After a hearing, the court below sustained Long's appeal and ordered reinstatement of his operating privileges on the ground that the Department had failed to prove that Long used a motor vehicle in the Commission of the misdemeanor of which he was convicted. The Department of Transportation has appealed that decision to this Court.
The Department raises two issues in its appeal: (1) whether Long's appeal to the court below was timely under Section 620 of the Vehicle Code (Act of 1959), 75 P.S. § 620; and (2) whether the court below erred in concluding as a matter of law that the Commonwealth
had failed to prove that a motor vehicle was used in the commission of the misdemeanor. We need not reach the second issue because Long's appeal to the Franklin County Court of Common Pleas was not ...