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COMMONWEALTH PENNSYLVANIA v. SUE WYANT (04/28/78)

decided: April 28, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
SUE WYANT, APPELLANT



No. 42 April Term, 1977, Appeal of Sentence from Court of Common Pleas, Criminal Division, Lawrence County, Pennsylvania, at Nos. 377, 377A of 1976.

COUNSEL

Norman A. Levine, Assistant Public Defender, New Castle, for appellant.

Donald E. Williams, District Attorney, New Castle, for Commonwealth, appellee.

Watkins, President Judge and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Spaeth, J., dissents, and would affirm. Watkins, former President Judge, did not participate in the consideration or decision of this case.

Author: Jacobs

[ 254 Pa. Super. Page 466]

Appellant Sue Ann Wyant pleaded guilty to one count of endangering welfare of children*fn1 and two counts of simple assault.*fn2 Appellant was sentenced to a prison term of not less than one nor more than two years on each of the three counts with the sentences to run consecutively. This appeal attempts to question the legality of the sentences imposed on the simple assault charges. Appellant's brief prepared by counsel is so defective, however, that we quash the appeal on that basis rather than reaching the merits of the case.*fn3

The Pennsylvania Rules of Appellate Procedure establish explicit requirements to be followed in writing briefs:

Briefs and reproduced records shall conform in all material respects with the requirements of these rules as nearly as the circumstances of the particular case will admit, otherwise they may be suppressed and, if the defects are in the brief or reproduced record of the appellant and are substantial, the appeal or other matter may be quashed or dismissed.

Pa.R.A.P. 2101. We find the defects in appellant's brief to be substantial and grounds for our quashing the appeal.

The brief of the appellant . . . shall consist of the following matters, separately and distinctly entitled and in the following order:

(1) Statement of jurisdiction.

(2) Statement of the questions ...


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