Opinion
No. 5 WAP 2006.
Submitted July 13, 2006.
Decided October 24, 2006.
Appeal No. 5 WAP 2006 from the Order of the Superior Court entered August 26, 2005 at No. 1882 WDA 2004, quashing the appeal from the Order of the Court of Common Pleas of Allegheny County entered September 30, 2004 at 793-03, Christine A. Ward, J.
Rebecca Rose Good, Esq., Allegheny County Public Defender's Office, for A.P.
Francesco Lino Nepa, Esq., Allegheny County District Attorney's Office, for Commonwealth of Pennsylvania.
BEFORE: CAPPY, C.J., and CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.
ORDER
AND NOW, this 24th day of October, 2006, the Order of the Superior Court is REVERSED, appellant's appeal is REINSTATED and this matter is REMANDED to the Superior Court for consideration on the merits. The Superior Court panel erred in raising the issue of appellant's standing to appeal sua sponte, and then quashing the appeal upon that ground. See, e.g., In re Nomination Petition of deYoung, 903 A.2d 1164 (2006) (a court is prohibited from raising the issue of standing sua sponte). Furthermore, we note that the Commonwealth agreed with appellant that he has standing to appeal in this case. Jurisdiction relinquished.