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filed: September 28, 1984.


No. 00888 PITTSBURGH, 1982, Appeal from Judgment of Sentence and Order in the Court of Common Pleas, Criminal Division, of Erie County, No. 39 and 197 of 1982.


Carmela R.M. Presogna, Assistant Public Defender, Erie, for appellant.

Marilyn Woolery, Assistant District Attorney, Erie, for Commonwealth, appellee.

Rowley, Hester and Roberts, JJ.

Author: Hester

[ 333 Pa. Super. Page 444]

This is an appeal from the judgment of sentence entered May 4, 1982, and the order dated July 9, 1982, denying a motion for reconsideration of sentence in the Court of Common Pleas of Erie County, Pennsylvania. Appellant,

[ 333 Pa. Super. Page 445]

Ronald McCleary, was charged under two separate informations.*fn1 Pursuant to plea arrangements between appellant's trial counsel and the District Attorney's Office, appellant entered guilty pleas to two counts of burglary and to one count of robbery. Appellant was sentenced on the first burglary count to two to four years imprisonment, and to a concurrent sentence of two to four years for robbery. The court further sentenced appellant to a period of five years consecutive probation. Appellant was serving a ten-year probation from Allegheny County at the time of the within incidents.

Appellant contends that counsel provided ineffective assistance at the entry of the guilty plea as well as at reconsideration of sentence, and that the sentencing court abused its discretion in imposing an excessive sentence. These allegations are completely lacking in merit, however, the appeal is untimely; it will be quashed.*fn2

The procedural facts are as follows: Appellant entered pleas of guilty on March 9, 1982. Sentence was imposed on May 4, 1982. On May 6, 1982, appellant filed an application to the court to reconsider his sentence. This application was denied on July 9, 1982. The present appeal was taken July 28, 1982.

[ 333 Pa. Super. Page 446]

The issue before us is whether a motion for reconsideration of sentence extends the 30-day appeal period.*fn3 This issue was recently addressed by this Court in Commonwealth v. Hoskins, 329 Pa. Super. 226, 478 A.2d 45 (1984), wherein we ruled that it does not. See Commonwealth v. Villaloz, 303 Pa. Super. 518, 450 A.2d 47 (1982); Commonwealth Page 446} v. Lee, 278 Pa. Super. 609, 420 A.2d 708 (1980). When an appeal has been filed untimely, the defect is jurisdictional and may be raised by this Court sua sponte. Neither party here raised the issue of timeliness. Commonwealth v. Katz, 318 Pa. Super. 282, 286, 464 A.2d 1343, 1345 (1983).

Appellant did not file a timely notice of appeal within the 30-day period.*fn4 The notice of July 28, 1982 was filed beyond the permissible period as judgment of sentence was imposed on May 4, 1982. The fact that appellant filed the motion for reconsideration of sentence did not extend the time for taking an appeal. See Commonwealth v. Jones, 307 Pa. Super. 558, 453 A.2d 1028 (1982); Commonwealth v. Wilkinson, 260 Pa. Super. 77, 393 A.2d 1020 (1978).

The general rule is that when a defendant appeals from a judgment of sentence, the time for appeal runs from the date the court imposes sentence, informs the defendant of his right to appeal within 30 days, and enters judgment on the docket. Commonwealth v. Cavanaugh, 500 Pa. 313, 315, 456 A.2d 145, 146 (1983). Our review of the sentencing proceedings reveals that when he was sentenced on May 4, 1982, appellant was advised of his right to appeal.*fn5 Also, judgment was entered on the docket.

[ 333 Pa. Super. Page 447]

For the foregoing reasons, the appeal was untimely filed. Appeal quashed.

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