Commonwealth v. Hamlin

Full title: COMMONWEALTH OF PENNSYLVANIA, v. ROBERT HAMLIN, Appellant

Court: SUPERIOR COURT OF PENNSYLVANIA

Date published: Mar 28, 2014

No. J-S16040-14 (Pa. Super. Ct. Mar. 28, 2014)

Opinion

J-S16040-14 No. 1413 MDA 2013

03-28-2014

COMMONWEALTH OF PENNSYLVANIA, v. ROBERT HAMLIN, Appellant

STRASSBURGER

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P 65.37

Appeal from the Order Entered July 18, 2013,

in the Court of Common Pleas of Franklin County,

Criminal Division, at No(s): CP-28-SA-0000166-2012.

BEFORE: BENDER, P.J.E, DONOHUE, J., and STRASSBURGER, J.^* JUDGMENT ORDER BY: STRASSBURGER, J.

* Retired Senior Judge assigned to the Superior Court.

This is the Commonwealth's appeal from the trial court's order invoking the King's Bench Power and dismissing the summary stop sign violation of Robert Hamlin (Hamlin), an 87 year old man suffering from assorted illnesses.¹

1 75 Pa.C.S. § 3323(b).

Upon our review of the record, we are constrained to agree with the Commonwealth, and the trial court, that the trial court did not possess the King's Bench Power to unilaterally dismiss Hamlin's underlying summary offense. Accordingly, we vacate the trial court's order and remand for further proceedings.²

2 Frankly, we are surprised that the Commonwealth has taken this appeal, rather than following the lead of the trial judge and tempering justice with mercy.

Order vacated. Case remanded for further proceedings. Jurisdiction relinquished. Judgment Entered. __________
Joseph D. Seletyn, Esq.
Prothonotary