Opinion
J-S39027-16 No. 1848 MDA 2015
05-09-2016
COMMONWEALTH OF PENNSYLVANIA, Appellee v. DARNELL D. HARRIS, Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Order Entered September 22, 2015 in the Court of Common Pleas of Lycoming County
Criminal Division at No.: CP-41-SA-0000028-2015 BEFORE: STABILE, J., PLATT, J., and STRASSBURGER, J.* JUDGMENT ORDER BY PLATT, J.:
Retired Senior Judge assigned to the Superior Court.
Appellant, Darnell D. Harris, appeals from the trial court's order dismissing his traffic citation for driving a commercial motor vehicle while his operating privilege is suspended at docket number SA-28-2015. We dismiss this appeal as moot.
The relevant procedural background of this case is as follows. On September 22, 2015, Appellant entered a guilty plea, at separate docket number SA-34-2015, to charges of speeding at a hazardous grade and driving a commercial motor vehicle while his operating privilege is suspended. In exchange, the Commonwealth withdrew a second charge of driving a commercial motor vehicle while his operating privilege is suspended, at the instant docket number, SA-28-2015. ( See N.T. Summary Appeal, 9/22/15, at 2-4). On that same date, the court entered an order dismissing the citation at SA-28-2015. ( See Order, 9/22/15, at 1). On October 22, 2015, Appellant filed a notice of appeal at SA-28-2015 only. ( See Trial Court Opinion, 12/24/15, at 1).
The court re-imposed the fines and sanctions imposed by the magisterial district court judge on the charges at SA-34-2015.
On appeal, Appellant challenges the validity of the guilty plea he entered at SA-34-2015. ( See Appellant's Brief, at 1). However, the trial court concluded that because the citation at the docket under which the appeal was filed, SA-28-2015, was dismissed, there are no issues properly before this Court. ( See Trial Ct. Op., at 1). We agree with the trial court.
"Generally, a case will be dismissed if at any stage of the judicial process it is rendered moot." Commonwealth v. Sloan , 907 A.2d 460, 465 (Pa. 2006) (citation omitted). Here, the trial court dismissed the citation at SA-28-2015; it imposed no penalty in this case. Because there is no meaningful relief that can be granted, we must dismiss this appeal as moot.
Appeal dismissed as moot. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 5/9/2016