811 A.2d 992

COMMONWEALTH OF PENNSYLVANIA, Respondent v. WILDER SALAZAR, Petitioner.

Supreme Court of Pennsylvania, Middle District.
December 3, 2002.

No. 621 MAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court.

ORDER
PER CURIAM

AND NOW, this 3rd day of December, 2002, the Petition for Allowance of Appeal is DENIED. GRANTED. The Superior Court order quashing petitioner’s appeal based upon the untimely filing of a post sentence motion is REVERSED. Pennsylvania Rule of Criminal Procedure 720(A)(1) requires, “a written post-sentence motions shall be filed no later than 10 days after imposition of sentence.” These days are computed to exclude the first day and include the last day of this period; when the last day falls on a Saturday or Sunday, those days are omitted

Page 110

from the computation. 1 Pa.C.S.A. § 1908. Petitioner’s post sentence motion was filed on the last permissible date, and was therefore timely.

Accordingly, the order of the Superior Court is reversed and this matter is REMANDED to the Superior Court for consideration on the merits. Jurisdiction relinquished.

jdjungle

Share
Published by
jdjungle
Tags: 811 A.2d 992

Recent Posts

COMMONWEALTH v. ALEXANDER, 243 A.3d 177 (2020)

243 A.3d 177 (2020) COMMONWEALTH of Pennsylvania, Appellee v. Keith ALEXANDER, Appellant. No. 30 EAP…

8 months ago

BODAN v. FICKETT, 24 Pa. D. & C. 3d 115 (1982)

24 Pa. D. & C. 3d 115 (1982) Bodan v. Fickett No. 2726 Civil 1981.Common…

2 years ago

IRWIN v. BANK OF THE UNITED STATES, 1 Pa. 349 (1845)

Irwin v. Bank of the United States, 1 Pa. 349 (1845) Sept. 1845 · Supreme Court of…

5 years ago

DURST v. MILROY GENERAL CONTRACTING, INC., 52 A.3d 357 (2012)

52 A.3d 357 (2012) Maureen DURST and Scott Durst, Appellants v. MILROY GENERAL CONTRACTING, INC.…

7 years ago

COMMONWEALTH v. SISTRUNK, 460 Pa. 655 (1975)

334 A.2d 280 COMMONWEALTH of Pennsylvania v. Edward SISTRUNK a/k/a Edward Brooks, Appellant. COMMONWEALTH of…

9 years ago

McINTYRE ET AL. v. POPE ET AL., 326 Pa. 172 (1937)

191 A. 607 McIntyre et al., Appellants, v. Pope et al.Supreme Court of Pennsylvania.March 25,…

9 years ago