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[U] Commonwealth v. Dietrich

Superior Court of Pennsylvania

March 4, 2014

COMMONWEALTH OF PENNSYLVANIA Appellee
v.
LESTER C. DIETRICH, JR. Appellant

NON-PRECEDENTIAL DECISION

Appeal from the Judgment of Sentence October 10, 2012 In the Court of Common Pleas of Lancaster County Criminal Division at No(s): CP-36-CR-0004106-2011

BEFORE: BENDER, P.J., PANELLA, J., and MUSMANNO, J.

JUDGMENT ORDER

PANELLA, J.

Appellant, Lester C. Dietrich, Jr., appeals from the judgment of sentence entered October 10, 2012, by the Honorable Howard F. Knisely, Court of Common Pleas of Lancaster County. After review, we quash Dietrich's appeal as untimely.

On July 17, 2012, a jury convicted Dietrich of aggravated assault, [1]resisting arrest, [2] and public drunkenness.[3] On October 10, 2012, the trial court sentenced Dietrich to an aggregate term of one to two years' incarceration to be followed by three years' probation. On October 19, 2012, Dietrich filed a Post-Sentence Motion to Modify Sentence, which the trial court denied on November 2, 2012. Dietrich filed a notice of appeal with this Court on March 15, 2013.

Pennsylvania Rule of Criminal Procedure 720 provides that if a defendant files a timely post-sentence motion, a notice of appeal shall be filed "within 30 days of the entry of the order deciding that motion." Pa.R.Crim.P. 720(A)(2)(a). As noted, the trial court denied Dietrich's post-sentence motion for modification of sentence on November 2, 2012.[4] Therefore, Dietrich had until December 2, 2012, to file a timely appeal. He did not do so until March 15, 2013. As Dietrich did not file a timely appeal, we are without jurisdiction to address the issues raised herein. See Commonwealth v. Pena, 31 A.3d 704, 706 (Pa.Super. 2011) ("Timeliness of an appeal is a jurisdictional question.").

Appeal quashed.

Judgment Entered.


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