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[U] Commonwealth v. Coccia

Superior Court of Pennsylvania

February 18, 2014

COMMONWEALTH OF PENNSYLVANIA
v.
LARRY JOSEPH COCCIA, Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence, May 6, 2013, in the Court of Common Pleas of Fayette County Criminal Division at No. CP-26-CR-0002201-2011

BEFORE: FORD ELLIOTT, P.J.E., DONOHUE AND PLATT, [*] JJ.

JUDGMENT ORDER

FORD ELLIOTT, P.J.E.

Appellant, Larry Joseph Coccia, appeals from the judgment of sentence entered in the Court of Common Pleas of Fayette County following his conviction for driving under the influence. At the conclusion of the May 6, 2013 bench trial, appellant was sentenced to probation for a period of six months and to pay all statutorily mandated fees, costs, or expenses. No post-sentence motions were filed.

As a preliminary matter, we must determine whether we have jurisdiction to review this appeal. Pursuant to Pennsylvania Rule of Appellate Procedure 903, "the notice of appeal required by Rule 902 . . . shall be filed within 30 days after the entry of the order from which the appeal is taken." Pa.R.A.P. 903(a). An appellate court may not enlarge the time for filing a notice of appeal. Pa.R.A.P. 105(b); Commonwealth v. Khalil, 806 A.2d 415, 420 (Pa.Super. 2002), appeal denied, 572 Pa. 754, 818 A.2d 503 (2003). Because the 30-day appeal period is jurisdictional in nature, it must be strictly construed. Commonwealth v. Reibow, 445 A.2d 1219, 1220 (Pa.Super. 1982). An untimely appeal divests this court of jurisdiction. In re J.M.P., 863 A.2d 17, 19 (Pa.Super. 2004), appeal denied, 583 Pa. 690, 878 A.2d 864 (2005). Hence, this court has no jurisdiction to excuse a failure to file a timely notice of appeal. In re Greist, 636 A.2d 193 (Pa.Super. 1994).

Instantly, a pro se notice of appeal was sent by appellant to the Fayette County Clerk of Courts that was date stamped on Monday, June 10, 2013.[1] (Certified record, document #30). The 30th day for filing the appeal was June 5, 2013, and as such, this appeal is untimely.

Appeal quashed.

Judgment Entered.


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