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COMMONWEALTH PENNSYLVANIA v. NICHOLAS CASCARIO (04/23/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: April 23, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
NICHOLAS CASCARIO, APPELLANT

No. 332 Philadelphia, 1980, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, Northampton County, at No. 2339 of 1979.

COUNSEL

Ronold J. Karasek, Bangor, for appellant.

Donald Corriere, District Attorney, Bangor, for Commonwealth, appellee.

Cercone, President Judge, and Hester and Wieand, JJ.

Author: Cercone

[ 298 Pa. Super. Page 520]

Appellant, Nicholas Cascario, takes this appeal from his conviction by the Court of Common Pleas for the summary offense of speeding.*fn1 Appellant raises several issues on appeal, however, we are unable to reach the merits of this case because there is no indication in the record that appellant filed post-verdict motions in accordance with Pa.R.Crim.P.

[ 298 Pa. Super. Page 5211123]

. Commonwealth v. Koch, 288 Pa. Superior Ct. 290, 431 A.2d 1052 (1981). However, neither does the record indicate that the court advised appellant, after verdict, of his right to file post-verdict motions and the consequences of failure to so file. See Pa.R.Crim.P. 1123(c). Our sua sponte review of the record in the instant case for purposes of determining whether the lower court complied with Rule 1123(c) is in keeping with our recent decision in Commonwealth v. Williams, 290 Pa. Superior Ct. 158, 434 A.2d 179 (1981). See also Commonwealth v. Picker, 293 Pa. Superior Ct. 381, 439 A.2d 162 (1981), Commonwealth v. Johnston, 292 Pa. Superior Ct. 224, 437 A.2d 16 (1981), Commonwealth v. Koch, supra. Based upon the authority of Williams and Koch, we accordingly conclude that appellant did not knowingly and intelligently waive his right to file post-verdict motions and we therefore vacate judgment of sentence and remand this case to the lower court for the filing of post-verdict motions nunc pro tunc.

Judgment of sentence vacated and case remanded for the filing of post-verdict motions nunc pro tunc.


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