Opinion
J-A16026-17 No. 1865 WDA 2016
09-07-2017
COMMONWEALTH OF PENNSYLVANIA, Appellee v. JOANNA J. EASTMAN, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence October 31, 2016, in the Court of Common Pleas of Greene County, Criminal Division at No(s): CP-30-SA-0000038-2014 BEFORE: STABILE, J., FORD ELLIOTT, P.J.E., and STRASSBURGER, J. JUDGMENT ORDER BY STRASSBURGER, J.:
Retired Senior Judge assigned to the Superior Court.
Joanna J. Eastman (Appellant) appeals from the judgment of sentence imposed on October 31, 2016, after she was found guilty of a summary offense for driving on a suspended license. Because this appeal was filed untimely, we quash this appeal.
"Whether an appeal has been filed in time is a jurisdictional question that may be raised by this court sua sponte." Commonwealth v . Jones , 453 A.2d 1028 (Pa. Super. 1982).
On October 31, 2016, Appellant was found guilty of the aforementioned summary offense and sentenced to 30 days of incarceration and a $1,000 fine. N.T., 10/31/2016, at 45. On December 1, 2016, she filed a notice of appeal from her judgment of sentence.
A "notice of appeal ... shall be filed within 30 days after the entry of the order from which the appeal is taken." Pa.R.A.P. 903(a). "The imposition of sentence immediately following a determination of guilt at the conclusion of the trial de novo shall constitute a final order for purposes of appeal." Pa.R.Crim.P. 720(D). The comments to that rule provide that "[t]he time for appeal in summary cases following a trial de novo runs from the imposition of sentence." Id. (comment).
Instantly, Appellant's judgment of sentence was imposed in open court on October 31, 2016; therefore, her notice of appeal was due 30 days later on November 30, 2016. Appellant filed a notice of appeal on December 1, 2016. Thus, it was untimely filed, and we quash this appeal.
See N.T., 10/31/2016, at 45-46. The fact that Appellant's judgment of sentence was not entered on the docket until November 2, 2016 is not relevant under these circumstances. --------
Appeal quashed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 9/7/2017