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COMMONWEALTH PENNSYLVANIA v. MICHAEL WALL (07/26/83)

SUPERIOR COURT OF PENNSYLVANIA


submitted: July 26, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
MICHAEL WALL, APPELLANT

NO. 191 PHILADELPHIA, 1982, Appeal from the judgment of sentence of December 21, 1981 in the Court of Common Pleas of Philadelphia County, Criminal at No. 570-579 July, 1981

COUNSEL

Eric L. Lilian, Philadelphia, for appellant.

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

Rowley, Beck and Montemuro, JJ.

Author: Per Curiam

[ 321 Pa. Super. Page 153]

After a non-jury trial, appellant Michael Walls was found guilty of aggravated assault, possession of an instrument of crime, violation of the Uniform Firearms Act, recklessly endangering another person, theft and unauthorized use of an automobile. His post-verdict motions were denied.

On December 21, 1981, appellant was sentenced. At some unspecified time, appellant filed a motion to modify his sentence.*fn1 On January 4, 1982, the lower court vacated the judgment of sentence pending its consideration of the motion. Appellant filed a notice of appeal from the original judgment of sentence on January 20, 1982. One day later, on January 21, 1982, the lower court granted appellant's motion and modified the original judgment of sentence; thereby vacating the judgment of sentence now on appeal.

The judgment now on appeal having been vacated is a nullity. This appeal is therefore quashed without prejudice

[ 321 Pa. Super. Page 154]

    to appellant's right to file an appeal nunc pro tunc from the judgment of sentence of January 21, 1982.


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