Opinion
2794 EDA 2022 J-S36026-23
01-09-2024
COMMONWEALTH OF PENNSYLVANIA v. STEVEN WOODEN Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
Appeal from the Order Entered September 21, 2022 In the Court of Common Pleas of Delaware County Criminal Division at No(s): CP-23-CR-0004122-2006
BEFORE: BOWES, J., NICHOLS, J., and KING, J.
MEMORANDUM
NICHOLS, J.
Appellant Steven Wooden appeals pro se from the order granting limited access to the dissemination of his criminal record pursuant to Pa.R.Crim.P. 791. After review, we vacate and remand for further proceedings.
On July 6, 2022, Appellant filed a petition for expungement pursuant to Pa.R.Crim.P. 790. In the petition, Appellant represented that he had been acquitted of one charge at trial court Docket No. 4122-2006, and that the other charge at that docket had been dismissed. See Pet. for Expungement, 7/6/22. Accordingly, Appellant requested that the trial court grant his petition for expungement under Pa.R.Crim.P. 790. However, the trial court issued an order granting "limited access" to Appellant's criminal record pursuant to Pa.R.Crim.P. 791. See Trial Ct. Order, 9/14/22.
Expungement and limited access are separate forms of relief. See 18 Pa.C.S. §§ 9122, 9122.1.
Appellant filed an appeal, and both the trial court and Appellant complied with Pa.R.A.P. 1925.
Initially, we must determine whether Appellant's notice of appeal was timely. It is well settled that the timeliness of an appeal is jurisdictional, and a notice of appeal must be filed within thirty days after the entry of the order from which the appeal is taken. See Commonwealth v. Moir, 766 A.2d 1253, 1254 (Pa. Super. 2000); Pa.R.A.P. 903(a). Here, the record reflects that although the trial court docketed the order on September 14, 2022, the order was not mailed to the parties until September 21, 2022. See Pa.R.A.P. 108(a)(1) (providing that "the day of entry shall be the day the clerk of the court or the office of the government unit mails or delivers copies of the order to the parties"). Therefore, because the order was entered on September 21, 2022, Appellant's October 18, 2022 notice of appeal was timely. See id.; Pa.R.A.P. 903(a).
We have corrected the caption to reflect that the order was filed on September 21, 2022.
Further, we note that Appellant mailed his notice of appeal from the State Correction Institution (SCI) in Collegeville, Pennsylvania (SCI Phoenix), and the envelope was postmarked September 27, 2022. See Notice of Appeal/Envelope, 9/27/22. "The prisoner mailbox rule provides that a pro se prisoner's document is deemed filed on the date he delivers it to prison authorities for mailing." Commonwealth v. DiClaudio, 210 A.3d 1070, 1074 (Pa. Super. 2019) (citation omitted and formatting altered). Further, on this record it appears that Appellant's notice of appeal was deposited for mailing no later than September 27, 2022, therefore it is reasonable for us to conclude that Appellant's appeal was timely filed.
Appellant contends that the trial court erred in granting Appellant's petition for limited access expungement pursuant to Pa.R.Crim.P. 791, rather than Pa.R.Crim.P. 790 for complete expungement, as Appellant requested. See Appellant's Brief at 1. In its Rule 1925(a) opinion, the trial court conceded that it mistakenly granted Appellant's petition pursuant to Pa.R.Crim.P. 791, for limited expungement as opposed to Pa.R.Crim.P. 790, and that the Commonwealth conceded that Appellant was entitled to expungement. See Trial Ct. Op., 3/6/23, at 1. The trial court asks this Court to vacate the order and remand for the trial court to enter an appropriate order. See id. at 2.
The Commonwealth did not file a brief.
Following our review, we agree with the trial court that remand is proper to allow the trial court to address Appellant's petition for expungement pursuant to Pa.R.Crim.P. 790. Accordingly, we vacate the trial court's order and remand for further proceedings consistent with this memorandum.
Order vacated. Case remanded for further proceedings. Jurisdiction relinquished.
Judgment Entered.