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COMMONWEALTH PENNSYLVANIA v. REX V. HILL (03/10/86)

SUPERIOR COURT OF PENNSYLVANIA


March 10, 1986

COMMONWEALTH OF PENNSYLVANIA
v.
REX V. HILL, APPELLANT

Appeal from the Judgment of Sentence of February 5, 1985, in the Court of Common Pleas of Fulton County, Criminal Division, at No. 94 of 1984.

Before: Wieand, Montemuro and Beck, JJ.

Per Curiam

Appellee the District Attorney's Office of Fulton County, on September 18, 1985, filed a motion to dismiss this appeal because "the defendant has failed to preserve the questions in the court below and the right to direct appeal has been waived for failure to file post-trial motions within the proper time." The motion to dismiss was referred to the panel assigned to this case.

We grant the motion to dismiss on the above-stated grounds. The trial court in its opinion noted that the defendant (appellant) entered a plea of nolo contendere to aggravated assault upon a policeman. At sentencing he was advised on record that he had ten days from that date to file motions with the court to challenge the validity of his plea, to modify his sentence, and challenge jurisdiction of the court. The trial court states, "no such motions were filed." The record supports this conclusion.

Motion to dismiss appeal granted.

Wieand, J., filed Dissenting Memorandum.

Disposition

Motion to dismiss appeal granted.

ING MEMORANDUM OF JUDGE WIEAND.

The present appeal, although properly taken from a final judgment of sentence, is wholly without merit. I would affirm the judgment of sentence.

19860310

© 1998 VersusLaw Inc.



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