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COMMONWEALTH PENNSYLVANIA v. GREGORY JONES (09/28/82)

SUPERIOR COURT OF PENNSYLVANIA


submitted: September 28, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
GREGORY JONES, A/K/A FRANK DOBSON, APPELLANT

No. 1989 Philadelphia, 1980, Appeal from the Judgment of Sentence in the Court of Common Pleas of Philadelphia County, Criminal Division at No. 634 July Term 1979.

COUNSEL

Norris E. Gelman, Philadelphia, for appellant.

Jane Culter Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Spaeth, Wickersham and Cirillo, JJ.

Author: Spaeth

[ 307 Pa. Super. Page 559]

This is an appeal from judgments of sentence for burglary and theft. We quash the appeal as filed too late.

[ 307 Pa. Super. Page 560]

Whether an appeal has been filed in time is a jurisdictional question that may be raised by this court sua sponte. Commonwealth v. Gottshalk, 276 Pa. Super. 102, 105, 419 A.2d 115, 116 (1980). The notice of an appeal "shall be filed within 30 days after the entry of the order from which the appeal is taken." Pa.R.A.P. 903(a). "When the order appealed from is a judgment of sentence, the date of the entry of the order is the day the court imposes sentence on the defendant, informs him of his right to appeal within 30 days, and enters judgment on the docket." Commonwealth v. Gottshalk, supra, 276 Pa. Super. at 105, 419 A.2d at 116 (citing Commonwealth v. Dorman, 272 Pa. Super. 149, 155, 414 A.2d 713, 717 (1979)) (footnote omitted).

The lower court's certified docket entries show that appellant was sentenced on June 9, 1980.*fn1 The transcript of the sentencing proceeding shows that when he was sentenced, appellant was advised of his right to appeal "within 30 days of today's date." (N.T. 6/9/80 at 21). The notice of appeal to this court was filed on August 20, 1980.

The appeal is quashed.


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