Opinion
J-S71023-16 No. 3604 EDA 2015
11-29-2016
COMMONWEALTH OF PENNSYLVANIA v. ROBERT STEVEN THOMPSON, JR. Appellant
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Judgment of Sentence October 29, 2015
In the Court of Common Pleas of Delaware County
Criminal Division at No(s): CP-23-CR-0003334-2014 BEFORE: BOWES, J., PANELLA, J., and FITZGERALD, J. JUDGMENT ORDER BY PANELLA, J.
Former Justice specially assigned to the Superior Court.
Appellant, Robert Steven Thompson, Jr., appeals from the judgment of sentence entered after he was convicted of disorderly conduct, possession of marijuana, and harassment. However, Thompson's counsel concedes that the post-sentence motion and notice of appeal were untimely filed. Counsel requests, in the interests of justice, that we nevertheless treat this appeal as timely. This we cannot do. See Commonwealth v. Burks , 102 A.3d 497, 500 (Pa. Super. 2014).
Here, as in Burks , there was no fraud or breakdown in the court's operation, merely a mistake by counsel. We have no authority to excuse Thompson's untimely notice of appeal, and therefore quash. Thus, Thompson's motion to proceed pro se is moot.
Appeal quashed. Motion to proceed pro se denied as moot. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 11/29/2016