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COMMONWEALTH PENNSYLVANIA v. SAMUEL EUGENE MAXFIELD (03/22/83)

SUPERIOR COURT OF PENNSYLVANIA


submitted: March 22, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
SAMUEL EUGENE MAXFIELD, APPELLANT

No 117 Harrisburg, 1980, Appeal from the Judgment of Sentence of May 19, 1980 In the Court of Common Pleas of York County, Criminal Division, No. 332 Criminal Action 1979.

COUNSEL

Robert Bruce Evanick, Public Defender, York, for appellant.

Floyd Paul Jones, Assistant District Attorney, York, for Commonwealth, appellee.

Cercone, President Judge, and Cirillo, and Hoffman, JJ.

Author: Cercone

[ 315 Pa. Super. Page 391]

This is a direct appeal from judgment of sentence entered after the lower court denied appellant's motion in arrest of judgment on a robbery conviction.*fn1 The lower court concludes in its opinion pursuant to Pa.R.A.P. 1925, that it erred in denying appellant's motion in arrest of judgment as to his robbery conviction. That is, the lower court re-examined the evidence as presented at trial and concluded that it did not support a finding that appellant knew that his co-defendant took a rape victim's wallet, of which rape appellant was found guilty, nor that appellant acted as an accomplice with his co-defendant in securing the wallet.*fn2 However, because the case was no longer within the lower court's jurisdiction, it having been appealed to our Court, the lower court had no authority to rectify the error made.

Inasmuch as the lower court admits the error of its decision, we shall remand the matter to the lower court to

[ 315 Pa. Super. Page 392]

    reconsider its denial of appellant's motion in arrest of judgment based upon its Rule 1925 opinion.

Judgment of sentence vacated and case remanded to the lower court.*fn3


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