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COMMONWEALTH PENNSYLVANIA v. JAMES ROBERT KIKER (07/24/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: July 24, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
JAMES ROBERT KIKER, APPELLANT

No. 294 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas, Juvenile Division, of Erie County, Pennsylvania, at No. 208 of 1980.

COUNSEL

Leo C. Harper, Jr., Erie, for appellant.

D. Sherwood Jones, Assistant District Attorney, Erie, for Commonwealth, appellee.

Brosky, DiSalle and Shertz, JJ.

Author: Per Curiam

[ 289 Pa. Super. Page 189]

On March 6, 1980, appellant, James Kiker, a minor, was adjudged by the Erie County Court of Common Pleas to be delinquent. Pursuant to the adjudication, appellant was ordered "transported to Philadelphia County [where appellant resided] for further disposition." This appeal followed.

Except in certain cases not here applicable, an appeal to this court may be taken only from a final order of a lower court. Pa.R.A.P. 301, 341. An adjudication of delinquency without final disposition is not a final order for purposes of appeal. See 42 Pa.C.S.A. 6321(c)(1);*fn1 Commonwealth v. Batty, 482 Pa. 173, 393 A.2d 435 (1978) cert. den. 440 U.S. 974, 99 S.Ct. 1543, 59 L.Ed.2d 793 (1979) (appeal taken after 15 year old defendant's petition to transfer to the juvenile court was denied, and defendant had been tried and sentenced in a court of common pleas). Cf. Commonwealth v. Myers, 457 Pa. 317, 322 A.2d 131 (1974) ("[A] defendant may appeal only from a final judgment of sentence and an appeal from any prior order will be quashed as interlocutory."). In the instant case, no final disposition has been made. This appeal, therefore, is interlocutory and must be quashed.

Appeal quashed.


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