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COMMONWEALTH PENNSYLVANIA v. EDWARD J. CARNEY (02/11/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: February 11, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD J. CARNEY, III, APPELLANT

No. 2266 PHILADELPHIA, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal at No. S.A. 184 of 1981.

COUNSEL

A. Niccolo, Devon, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, Media, for Commonwealth, appellee.

Spaeth, Wickersham and Lipez, JJ.

Author: Spaeth

[ 310 Pa. Super. Page 132]

This is an appeal from an order dismissing appellant's appeal from a conviction of failing to return to the scene of a motor vehicle accident. 75 Pa.C.S.A. ยง 3743 (1977) (summary offense). See generally Pa.R.Crim.P. 67 (Appeals from Summary Judgments). Because the order is not final, we quash the appeal.

It is well-settled that an appeal from an order dismissing an appeal from a conviction in a summary proceeding will lie only if judgment of sentence has been entered. Commonwealth v. Nugent, 291 Pa. Super. 421, 435 A.2d 1298 (1981). Since judgment of sentence has not been entered in this case, we must quash the appeal.

Appellant did not file post-verdict motions in accordance with Pa.R.Crim.P. 1123(c). However, in view of the fact that the lower court did not advise appellant on the record of his right to file such motions, our order quashing the appeal is without prejudice to appellant's right to file post-verdict motions nunc pro tunc.

The appeal is quashed.*fn1


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