Opinion
J-S20014-17 No. 3030 EDA 2016
05-23-2017
COMMONWEALTH OF PENNSYLVANIA v. PETER VAN Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence August 2, 2016
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): MC-51-CR-0034054-2014 BEFORE: BOWES, J., OTT, J., AND FORD ELLIOTT, P.J.E. JUDGMENT ORDER BY BOWES, J.:
Peter Van appeals from the August 2, 2016 judgment of sentence imposed by the Municipal Court of Philadelphia. He challenges the denial of both his pre-sentence motion to withdraw his guilty plea and the September 7, 2016 denial of his post-sentence motion to withdraw his guilty plea. Since exclusive jurisdiction over this matter lies in the Court of Common Pleas of Philadelphia, we transfer this action to that court for disposition.
On October 4 2014, Appellant was arrested by Philadelphia Police and charged with possession of a controlled substance, possession with intent to deliver ("PWID"), and conspiracy. On December 23, 2014, he pled nolo contendere to PWID and conspiracy in the Municipal Court in Philadelphia in exchange for admission to an intensive outpatient drug treatment program under the supervision of the Philadelphia Drug Treatment Court.
Successful completion of the program would have resulted in dismissal of the charges.
During his five months in the program, Appellant was non-compliant with its conditions and sanctioned multiple times. Consequently, he retained counsel and filed a motion to withdraw his plea. Following a hearing, the court denied the motion on November 12, 2015.
He alleged that his plea was not knowing, intelligent and voluntary, and further that he was innocent of the possession with intent to deliver charge. --------
Although Appellant was given the option to remain in the program, he elected to proceed to a hearing on his termination. Prior to termination, he was sanctioned for additional violations. On May 26, 2016, Appellant waived a rule to show cause hearing on his program compliance and the trial court revoked his participation in the treatment program. After receipt of a presentence investigation report, the court sentenced Appellant on August 2, 2016, to two terms of sixty days to twelve months imprisonment to run concurrently, followed by two concurrent twelve month periods of reporting probation. That same day, Appellant filed a post-sentence motion seeking to withdraw his nolo contendere plea, which was denied on September 7, 2016. Appellant filed the present appeal to this Court.
The Commonwealth asserts, and we agree, that this appeal should be transferred to the Court of Common Pleas of Philadelphia County as the latter court has exclusive jurisdiction of appeals from judgments rendered in the Municipal Court pursuant to 42 Pa.C.S. § 932 ("Except as otherwise prescribed by any general rule adopted pursuant to section 503 (relating to reassignment of matters), each court of common pleas shall have exclusive jurisdiction of appeals from final orders of the minor judiciary established within the judicial district"); see also Pa.R.Crim.P. 1007(D) (governing challenges to guilty pleas in the Philadelphia Municipal Court and requiring judges to inform defendants of their right to appeal to the court of common pleas within thirty days of entry of a final order denying the motion).
Since the Court of Common Pleas of Philadelphia has exclusive jurisdiction of the within appeal, we transfer this matter, together with the record, to that tribunal in accordance with 42 Pa.C.S. § 5103 (authorizing transfer of an erroneously filed appeal to the proper tribunal "where it shall be treated as if originally filed in the transferee court . . . on the date when first filed").
Case transferred to the Court of Common Pleas of Philadelphia County. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 5/23/2017