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Commonwealth v. Ball

Superior Court of Pennsylvania

July 24, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
JAMES ARTHUR BALL, III, Appellant

Submitted May 27, 2014

Appeal from the Judgment of Sentence of the Court of Common Pleas, Cumberland County, Criminal Division, No. CP-21-SA-0000133-2013. Before MASLAND, J.

Joseph D. Caraciolo, Harrisburg, for appellant.

David J. Freed, District Attorney, Carlisle, for Commonwealth, appellee.

BEFORE: LAZARUS, STABILE and MUSMANNO, JJ.

OPINION

Page 398

MUSMANNO, J.

James Arthur Ball, III (" Ball" ) appeals from the judgment of sentence entered following his conviction of driving under suspension (driving under the influence related). See 75 Pa.C.S.A. § 1543(b)(1). We reverse the judgment of sentence and direct that Ball be discharged.

The trial court set forth the relevant procedural history underlying this appeal as follows:

On January 14, 2013, Officer Justin Shutt issued a traffic citation charging [Ball] with Driving Under Suspension, Driving Under the Influence Related, 75 Pa.C.S.[A.] § 1543(b)(1). During a June 26, 2013 summary trial, [Ball pled not guilty to this offense.] Magisterial District Judge Brenda M. Knepper [" MDJ Knepper" ] found [Ball] not guilty of the original charge[,] but found him guilty of Driving Under Suspension, 75 Pa.C.S.[A.] § 1543(a), a lesser[-included offense] for which [Ball] had not been

Page 399

formally cited.[1] [MDJ Knepper sentenced Ball to 30 days in jail for his conviction of 75 Pa.C.S.A. § 1543(a), and imposed a $1,000 fine.] In July 2013, [Ball] timely filed a Notice of Appeal from Summary Criminal Conviction[, pursuant to Pa.R.Crim.P. 462.[2]] After briefing and argument[, the trial c]ourt determined that de novo review required the court to consider the charges as originally filed. After the de novo hearing, [the trial c]ourt found [Ball] guilty of the original [] charge, 75 Pa.C.S.[A.] § 1543(b)(1).

Trial Court Opinion, 1/21/14, at 1-2 (footnotes in original omitted, footnotes added).

On October 22, 2013, the trial court sentenced Ball to 60 days in jail, and imposed a $1,000 fine. Ball timely filed a Notice of Appeal, and a Pa.R.A.P. 1925(b) Concise ...


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