No. 1348 Philadelphia, 1983, Appeal from the Judgment of Sentence of the Court of Common Pleas of Northampton County, Pennsylvania, Criminal Division, dated April 5, 1983, at Nos. 281 & 461 of 1982.
Thomas W. Houser, Bethlehem, for appellant.
Daniel G. Spengler, Assistant District Attorney, Bethlehem, for Commonwealth, appellee.
Spaeth, President Judge, and Wieand and Cirillo, JJ.
[ 333 Pa. Super. Page 455]
This is an appeal from judgment of sentence following appellant's plea of guilty to three counts of forgery. We affirm.
Before we consider the merits, we must consider whether we have jurisdiction to hear this appeal. Appellant was sentenced on April 5, 1983, and did not file his notice of appeal until May 9, 1983. The appeal therefore appears untimely, Pa.R.A.P. 903(a), and although no party has raised the issue of timeliness, we may do so sua sponte. Commonwealth v. Fisher, 321 Pa. Super. 534, 468 A.2d 1117 (1983).
At the time of sentencing the trial court stated:
You have a right to file a petition within ten days from today to review this sentencing proceeding to determine whether the sentence is beyond the maximum penalty authorized by law and whether the sentence is proper under the Sentencing Guidelines the court is required to follow. If your petition to review this sentence is denied, you then have thirty days to file an appeal with the Superior Court of Pennsylvania. That appeal must be filed within thirty days from today or within thirty days after your petition to review the sentence has been disposed of.
This statement was erroneous since a petition for reconsideration does not extend the time for taking an appeal. See, Commonwealth v. Jones, 307 Pa. Super. 558, 453 A.2d 1028 (1982).
Appellant did timely file a petition for reconsideration of sentence, and on April 26, 1983, the court entered an order denying it. On May 9, 1983, i.e., within thirty days of the denial of the petition for reconsideration but not within thirty days of the sentence, appellant filed ...