From Casetext: Smarter Legal Research

Commonwealth v. Alexander Cash

SUPERIOR COURT OF PENNSYLVANIA
May 28, 2015
No. 1493 WDA 2014 (Pa. Super. Ct. May. 28, 2015)

Opinion

J-S25021-15 No. 1490 WDA 2014 No. 1491 WDA 2014 No. 1492 WDA 2014 No. 1493 WDA 2014 No. 1494 WDA 2014 No. 1495 WDA 2014 No. 1496 WDA 2014

05-28-2015

COMMONWEALTH OF PENNSYLVANIA Appellant v. ALEXANDER CASH, JR. Appellee


NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0002279-2011
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000659-2011
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000658-2011 Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000656-2011
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000347-2011
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0001255-2010 Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000062-2010
BEFORE: BENDER, P.J.E., STABILE, and PLATT, JJ. JUDGMENT ORDER BY STABILE, J.:

Retired Senior Judge assigned to the Superior Court.

In these seven consolidated cases, the trial court sua sponte, and without notice to any party, entered "amended orders" on August 12, 2014, modifying the sentences of Appellee, Alexander Cash, Jr., to make him eligible for boot camp. The trial court entered these orders more than two years after it sentenced Appellee on May 17, 2012. The Commonwealth appeals, and the trial court concedes it lacked jurisdiction to modify its prior judgments. We agree.

Generally, a trial court loses jurisdiction to modify its orders 30 days after entry of the order. 42 Pa.C.S.A. § 5505. The general rule is subject to a court's limited, inherent authority to "correct patent errors despite the absence of traditional jurisdiction." Commonwealth v. Holmes , 933 A.2d 57, 65 (Pa. 2007).

The trial court apparently entered the August 12, 2014 amended orders in response to a letter from the Department of Corrections (DOC). There is no suggestion that the May 17, 2012 judgments of sentence contained patent errors subject to correction absent a lack of traditional jurisdiction. Indeed, Appellee's negotiated pleas did not include a discussion of boot camp, because he is serving a 5 to 15 year sentence and therefore is ineligible for boot camp. See 61 Pa.C.S.A. § 3903 (defining "eligible inmate" as a person serving a maximum sentence of five years or less). In sum, the trial court lacked jurisdiction to enter the August 12, 2014 amended orders. Therefore, we vacate those orders.

Orders vacated. Cases remanded. Jurisdiction relinquished. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/28/2015


Summaries of

Commonwealth v. Alexander Cash

SUPERIOR COURT OF PENNSYLVANIA
May 28, 2015
No. 1493 WDA 2014 (Pa. Super. Ct. May. 28, 2015)
Case details for

Commonwealth v. Alexander Cash

Case Details

Full title:COMMONWEALTH OF PENNSYLVANIA Appellant v. ALEXANDER CASH, JR. Appellee

Court:SUPERIOR COURT OF PENNSYLVANIA

Date published: May 28, 2015

Citations

No. 1493 WDA 2014 (Pa. Super. Ct. May. 28, 2015)