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COMMONWEALTH PENNSYLVANIA v. DANNY WILLIAM BRADLEY (02/22/89)

filed: February 22, 1989.

COMMONWEALTH OF PENNSYLVANIA
v.
DANNY WILLIAM BRADLEY, APPELLANT



Appeal from the Judgment of Sentence entered January 14, 1988 in the Court of Common Pleas of Susquehanna County, Criminal Division, No. 126 CR 87.

COUNSEL

James A. Sposito, Scranton, for appellant.

Jeffrey Bruce Snyder, District Attorney, Montrose, for Com., appellee.

Olszewski, Kelly and Hester, JJ. Olszewski and Hester, JJ., concur.

Author: Kelly

[ 381 Pa. Super. Page 529]

Appellant, Danny William Bradley, appeals from judgment of sentence entered on January 14, 1988. For the reasons which follow, we vacate the judgment of sentence

[ 381 Pa. Super. Page 530]

    and remand the matter back to the trial court for the filing of post-verdict motions nunc pro tunc.

On June 23, 1987, appellant was cited for driving an unregistered vehicle in violation of Section 1301(a) of the Pennsylvania Motor Vehicle Code. 75 Pa.C.S.A. ยง 1301(a). Appellant was initially found guilty by District Justice Barbara Obelenus and ordered to pay a fine. He appealed the summary conviction to the court of common pleas which held a de novo trial on the charge. Appellant was again found guilty and ordered to pay a fine in the amount of $1,890.00 by order of the trial court dated January 14, 1988.

Appellant appealed the judgment of sentence directly, without filing post-verdict motions, and now challenges the judgment of sentence on the following ground:

Whether the lower court abused its discretion by finding the appellant Danny William Bradley guilty of criminal charges by determining that he was not exempt from registering his vehicle in the Commonwealth of Pennsylvania.

(Appellant's Brief at 3). Rather than reach the merits of this appeal, we vacate the judgment of sentence because of the trial court's failure to comply with the Rules of Criminal Procedure.

Pennsylvania Rule of Appellate Procedure 302 provides that issues not raised in the trial court are waived and cannot be raised for the first time on appeal. In order to preserve issues for appeal after the pronouncement of guilt in de novo trials held upon an appeal from the decision of a district justice post-verdict motions are required. Commonwealth v. Koch, 288 Pa. Super. 290, 431 A.2d 1052 (1981) (en banc); see also Pa.R.Crim.P. 86 & Comment; Pa.R.Crim.P. 1123. In the present case, no post-verdict motions were filed. We do not, however, find waiver on this basis because the trial court failed to inform appellant of his ...


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