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Commonwealth v. Capaldi

Superior Court of Pennsylvania

March 17, 2015

COMMONWEALTH OF PENNSYLVANIA, Appellee
v.
DAVID JOSEPH CAPALDI, Appellant

Submitted January 5, 2015

Appeal from the Judgment of Sentence of the Court of Common Pleas, Cambria County, Criminal Division, No: CP-11-CR-0002380-2013. Before KRUMENACKER, J.

Ryan D. Gleason, Public Defender, Ebensburg, for appellant.

Scott M. Lilly, Assistant District Attorney, Ebensburg, for Commonwealth, appellee.

BEFORE: DONOHUE, SHOGAN, and STABILE, JJ. .

OPINION

Page 1243

STABILE, J.

Appellant, David Joseph Capaldi, appeals from the judgment of sentence entered following his guilty plea to possession with intent to deliver a controlled substance (PWID),[1] specifically, heroin. Counsel for Appellant has filed an Anders[2] brief and petitioned to withdraw as counsel, alleging this appeal is wholly frivolous. Upon review, we find we lack jurisdiction over this untimely appeal. Therefore, we quash this appeal and dismiss as moot counsel's petition to withdraw.

On May 19, 2014, Appellant was sentenced in four cases in which he had entered open guilty pleas. In the judgment appealed here, Appellant received a sentence of 9 -- 23 months in jail for PWID. The trial court did not award Appellant credit for time served in pretrial detention in this case, later reasoning that Appellant had received credit for the same time served on a concurrently imposed sentence in another of his four cases. Following imposition of sentence, the trial court asked Appellant whether he had any questions about his post-sentence rights, and Appellant responded in the negative. See N.T. Sentencing, 5/19/14, at 7. Appellant received and signed a written notice informing him of those rights.

On June 5, 2014--after the deadline to file post-sentence motions--Appellant filed a " Post-Sentence Motion for Relief Nunc Pro Tunc." In the motion, counsel stated he conferred with Appellant after the deadline, but included no other reason for the late filing. Appellant contended the trial court should have awarded him credit

Page 1244

for time served in pretrial detention in this case. On June 9, 2014, the trial court filed an order setting a hearing on the motion. Following a June 26, 2014 hearing, the trial court denied relief. Appellant filed his notice of appeal on July 18, 2014.

Before we address counsel's Anders brief and his request to withdraw, we must consider whether this appeal is timely. We lack jurisdiction to consider untimely appeals, and we may raise such jurisdictional issues sua sponte. Commonwealth v. Burks, 2014 PA Super 230, 102 A.3d 497, 500 (Pa. Super. 2014).

In cases where no post-sentence motions (or Commonwealth's motions to modify sentence) are filed, a defendant must file an appeal within 30 days of imposition of sentence in open court. Pa.R.Crim.P. 720(A)(3); Pa.R.A.P. 903(c)(3). If a defendant files a timely post-sentence motion, the appeal period does not begin to run until the motion is decided. Pa.R.Crim.P. 720(A)(2); Pa.R.A.P. 903(a). Except in circumstances not applicable ...


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