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COMMONWEALTH PENNSYLVANIA v. JUDITH GETSON (10/30/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: October 30, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
JUDITH GETSON, APPELLANT

No. 2015 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Montgomery County, at No. 268 of 1980.

COUNSEL

Elliott R. Feldman, Philadelphia, for appellant.

Richard J. Tompkins, Assistant District Attorney, Norristown, for Commonwealth, appellee.

Wickersham, Montemuro and Watkins, JJ.

Author: Wickersham

[ 291 Pa. Super. Page 633]

On January 11, 1980, appellant, Judith Getson, was found guilty by District Justice Robert P. Johnson of speeding, 75 Pa.C.S. ยง 3362(a)(3), and was ordered to pay a fine and costs in the amount of $86.00. Appellant paid the fine and costs and appealed the conviction to the Court of Common Pleas of Montgomery County. On July 24, 1980, a trial de novo was held in this matter before the Honorable Lawrence A. Brown. At the end of the trial, Judge Brown found appellant guilty of the summary offense,*fn1 dismissed the appeal, and entered judgment of sentence on the docket. Appellant was sentenced to pay the costs of prosecution, having already paid $86.00 at the district justice level. Appellant took this appeal.*fn2

[ 291 Pa. Super. Page 634]

We agree with the Commonwealth that there is no indication in the record that appellant made any post-verdict motions in accordance with Pa.R.Crim.P. 1123, Commonwealth v. Koch, 288 Pa. Super. 290, 431 A.2d 1052 (1981),*fn3 nor does the record show that the trial court complied with the requirements of Rule 1123(c) that defendant be advised, after verdict, of her right to file post-verdict motions and the consequences of her failure to so file. The lower court's only actions were to find appellant guilty and to enter judgment of sentence on the docket. Under these circumstances, we conclude that appellant did not knowingly and intelligently waive her right to file post-verdict motions, and, accordingly, we remand this case to the court below to allow appellant to file those motions nunc pro tunc. Commonwealth v. Williams, 290 Pa. Super. 158, 434 A.2d 179 (1981); Commonwealth v. Koch, supra.

Judgment of sentence vacated and the cause remanded for proceedings consonant with this opinion.


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