The opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37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.
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* Retired Senior Judge assigned to the Superior Court.
1 75 Pa.C.S. § 3802(a)(1).
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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
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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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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
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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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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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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/5/2021
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