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COMMONWEALTH PENNSYLVANIA v. WILLIAM E. RAY (06/19/86)

filed.: June 19, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
WILLIAM E. RAY, APPELLANT



Appeal from the Judgment of Sentence of the Court of Common Pleas, Adams County, dated October 16, 1985, at No. CC-85-85.

Before: Del Sole, Montgomery And Lipez, JJ.

Appellant appeals from a Judgment of Sentence entered on October 16, 1985. Pursuant to Pa.R.A.P., Rule 903(a), 42 Pa.C.S.A., Appellant had thirty days from the date of this judgment in which to file an appeal. Although the thirtieth day was Friday, November 15, 1985, which was not a court holiday, the notice of appeal in this case was not filed until Tuesday, November 19, 1985.

While neither party has called this matter to our attention, where an appeal from a Judgment of Sentence has been filed untimely, the defect is jurisdictional and may be raised by the Superior Court sua sponte. Commonwealth v. Williams, 313 Pa. Super. 81, 459 A.2d 420 (1983). Further, our Court is without authority to enlarge the time for filing a notice of appeal and is required to construe strictly the thirty day limitation. Commonwealth v. Molyneaux, 277 Pa. Super. 264, 419 A.2d (1980).

Accordingly, this appeal is quashed.

Appeal quashed.

Disposition

Appeal quashed.

19860619

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