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Commonwealth v. Burks

Superior Court of Pennsylvania

October 10, 2014

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
ELISE MARIE BURKS, Appellant

Submitted August 18, 2014

Appeal from the Judgment of Sentence of the Court of Common Pleas, Allegheny County, Criminal Division, No(s): CP-02-CR-0000893-2007; CP-02-CR-0005841-2007; CP-02-CR-0008288-2006. Before NAUHAUS, J.

Scott Coffery, Pittsburgh, for appellant.

Sandra Preuhs, Assistant District Attorney, Pittsburgh, for Commonwealth, appellee.

BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J.[*]

OPINION

Page 498

GANTMAN, P.J.:

Appellant, Elise Marie Burks, appeals nunc pro tunc from the judgment of sentence entered in the Allegheny County Court of Common Pleas, following revocation of her probation. We dismiss this appeal as untimely.

The trial court set forth the relevant facts and procedural history of this case as follows:

On November 26, 2007, [Appellant] pled guilty at [No. 8288 of 2006], to one count of retail theft, one count of possession of altered, forged, or counterfeit documents or plates, two counts of receiving stolen property, one count of possession of marijuana, one count of possession of drug paraphernalia, [and] one count of criminal conspiracy (to engage in retail theft). [Appellant] pled guilty at [No. 0893 of 2007], to five counts of felony retail theft, one count of criminal conspiracy (to engage in retail theft), [and] one count of possessing instruments of crime. [Appellant] pled guilty at [No. 5841 of 2007], to one count of retail theft. On November 26, 2007, after accepting [Appellant's] guilty plea at the above-captioned matter[s], [the trial court] imposed an aggregate sentence of time served, followed by a consecutive five years of probation.
[Appellant] committed subsequent retail thefts.... On October 24, 2012, this [c]ourt revoked [Appellant's] probation

Page 499

at all of the above cases and imposed an aggregate sentence of 18 months of intermediate punishment followed by 1 year of probation. [Appellant] was further ordered to submit to random urinalysis and " must complete all treatment recommended by the drug court treatment team" and participate in the criminality group. [Appellant] was admitted into the Drug Court program, and this [c]ourt ...

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