Opinion

Com. v. Brown, R.

Court
Superior Court of Pennsylvania
Filed
Nov 5, 2021
Status
Unpublished
On the bench
McCaffery
Cited by
0 cases
Authority
More cited than 33.1%

The opinion

J-S30028-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF

: PENNSYLVANIA

:

v. :

:

:

RASHAWN D. BROWN :

:

Appellant : No. 70 MDA 2021

Appeal from the Judgment of Sentence Entered December 15, 2020

In the Court of Common Pleas of Dauphin County Criminal Division at

No(s): CP-22-CR-0002727-2018

BEFORE: BENDER, P.J.E., McCAFFERY, J., and COLINS, J.*

MEMORANDUM BY McCAFFERY, J.: FILED: NOVEMBER 5, 2021

Rashawn D. Brown (Appellant) appeals from the judgment of sentence

entered December 15, 2020, in the Dauphin County Court of Common Pleas,

following his non-jury conviction of driving under the influence of alcohol

(DUI)1 and related offenses. Appellant contends the trial court erred when it

denied his motion to suppress evidence obtained following an allegedly

unlawful traffic stop. However, because Appellant’s notice of appeal was not

timely filed, we are constrained to quash this appeal.

____________________________________________

* Retired Senior Judge assigned to the Superior Court.

1 75 Pa.C.S. § 3802(a)(1).

J-S30028-21

Briefly, the facts underlying Appellant’s conviction are as follows.2 On

March 8, 2018, Shiremanstown Borough Police Officer Travis Pidcock was on

routine patrol in a marked vehicle, when he observed a vehicle back the wrong

way out of a one-way street, cross over two lanes of traffic, and then drive in

the direction of the officer’s vehicle. See N.T., Suppression H’rg, at 7-8, 16.

Officer Pidcock initiated a traffic stop, at which time he noticed a strong odor

of raw marijuana coming from the vehicle. Id. at 8. Upon questioning, the

driver, later identified as Appellant, admitted he had marijuana in his pocket.

Id. at 8-9. Appellant was subsequently arrested and charged with possession

of a small amount of marijuana, possession of drug paraphernalia, and three

counts of DUI.3

On March 9, 2020, Appellant filed a suppression motion, arguing the

officer’s stop of his vehicle not supported by reasonable suspicion or probable

cause. See Appellant’s Omnibus Pretrial Motion, 3/9/20, at 3-4

(unpaginated). Following a hearing, the trial court denied Appellant’s motion

on August 7, 2020. The case proceeded to a non-jury trial. On October 28th,

the trial court found Appellant guilty of all charges, except possession of drug

paraphernalia. On December 15, 2020, the court sentenced Appellant to an

aggregate term of six months’ restrictive probation, with the first five days on

____________________________________________

2 We glean these facts from the transcript of Appellant’s suppression hearing.

Although the transcript is not included in the certified record, it is attached to

Appellant’s brief. See Appellant’s Brief at 21, Appendix E, N.T., Suppression

H’rg, 7/30/2020.

3 35 P.S. 780-113(a)(31), (32); 75 Pa.C.S. § 3802(d)(1), (2).

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J-S30028-21

electronic monitoring and house arrest. Appellant filed a notice of appeal on

January 15, 2021.4

Appellant raises one issue on appeal:

Whether the [c]ourt erred by finding there was a violation of the

motor vehicle code and thereby finding the stop of Appellant’s

vehicle was legally justified, where law enforcement stopped

Appellant’s vehicle for backing out of a one-way street onto a

roadway?

Appellant’s Brief at 6.

Before we address Appellant’s substantive claim, we must determine if

this appeal was timely filed. Although neither the trial court nor the

Commonwealth questioned whether the appeal was timely, we emphasize that

the “[t]imeliness of an appeal is a jurisdictional question[,]” which we may

raise sua sponte. Commonwealth v. Pena, 31 A.3d 704, 706 (Pa. Super.

2011); Commonwealth v. Coolbaugh, 770 A.2d 788, 791 (Pa. Super.

2001). “Jurisdiction is vested in the Superior Court upon the filing of a

timely notice of appeal.” Commonwealth v. Green, 862 A.2d 613, 615 (Pa.

Super. 2004) (en banc).

Pursuant to Pennsylvania Rule of Appellate Procedure 903, a “notice of

appeal . . . shall be filed within 30 days after the entry of the order from which

the appeal is taken.” Pa.R.A.P. 903(a). In a criminal case, when, as here,

the defendant does not file a timely post-sentence motion, “the defendant's

____________________________________________

4 Appellant complied with the trial court’s directive to file a concise statement

of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b).

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J-S30028-21

notice of appeal shall be filed within 30 days of imposition of sentence[.]”

Pa.R.Crim.P. 720(A)(3). It is well-settled that this Court has no authority to

extend or enlarge the time for filing a notice of appeal, and “[a]bsent a

breakdown in the operations of the court, ‘[t]ime limitations on the taking of

appeals are strictly construed and cannot be extended as a matter of grace.’”

Commonwealth v. Valentine, 928 A.2d 346, 349 (Pa. Super. 2007)

(citations omitted).

Here, Appellant’s judgment of sentence was imposed on December 15,

2020. Thus, Appellant’s notice of appeal had to be filed no later than

January 14, 2021. However, the notice of appeal included in the certified

record is time-stamped and docketed one day later — January 15, 2021.

Thus, it was untimely filed. See Pa.R.Crim.P. 720(A)(3); Pa.R.A.P. 903(a).

Moreover, Appellant makes no claim that the untimely filing resulted from a

“breakdown in the operations of the court,” and our review of the certified

record reveals no support for such an allegation. See Valentine, 928 A.2d

at 349. Consequently, Appellant has failed to properly invoke this Court’s

jurisdiction, and we are constrained to quash this appeal.

Appeal quashed.

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J-S30028-21

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 11/5/2021

-5-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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