Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. GILBERT WOLAVER (08/12/83)

SUPERIOR COURT OF PENNSYLVANIA


filed: August 12, 1983.

COMMONWEALTH OF PENNSYLVANIA
v.
GILBERT WOLAVER, APPELLANT

No. 1484 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas, Criminal Division, of Pike County, at No. 116-1981.

COUNSEL

Eugene Arthur Steger, Jr., Kennett, for appellant.

Steven R. Guccini, Assistant District Attorney, Milford, for Commonwealth, appellee.

Rowley, Wieand and Beck, JJ.

Author: Per Curiam

[ 318 Pa. Super. Page 37]

Appellant was convicted before a District Justice of violating § 4941(a) of the Motor Vehicle Code, Maximum Gross Weight of Vehicles, 75 Pa.C.S.A. § 4941. He appealed to

[ 318 Pa. Super. Page 38]

    the Court of Common Pleas of Pike County. After a de novo trial, appellant was again found guilty and fined $4,500.00 plus costs. This appeal followed.

Appellant raised ten issues on appeal. However, we are unable to review these issues since no post-trial motions were filed in accordance with Pa.R.Crim.P. 1123. Commonwealth v. Koch, 288 Pa. Super. 290, 431 A.2d 1052 (1981).

The record in this case reveals that the trial court failed to inform appellant of his right to file post-trial motions. The court merely found appellant guilty and immediately imposed sentence. Under these circumstances, we conclude that appellant did not knowingly and intelligently waive his right to file post-trial motions. Therefore, we must remand this case to the trial court for the filing of post-trial motions nunc pro tunc. Commonwealth v. Williams, 290 Pa. Super. 158, 434 A.2d 179 (1981).

Judgment of Sentence vacated and case remanded for further proceedings.

Jurisdiction relinquished.

19830812

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.