J-S44013-14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
MANUEL GOMEZ,
Appellee No. 1737 WDA 2013
Appeal from the Order Entered September 9, 2013
In the Court of Common Pleas of Washington County
Criminal Division at No(s):
CC. MD-804-2013
MDJ NO. MJ-27101-CR-390-2013
BEFORE: BENDER, P.J.E., LAZARUS, J., and OTT, J.
MEMORANDUM BY BENDER, P.J.E.: FILED AUGUST 22, 2014
The Commonwealth, as the appellant, appeals from the September 9,
2013 order, issued by the Magisterial District Court, dismissing the charges
filed against Manuel Gomez, including a charge of driving under the influence
of alcohol (DUI), 75 Pa.C.S. § 3802(B). For the following reasons, we
conclude that we do not have jurisdiction over this case, and we transfer this
matter to the Court of Common Pleas of Washington County.
Gomez was arrested on June 5, 2013, for various summary offenses,
as well as for DUI. He was released from custody and a criminal complaint
charging Gomez with the above-stated offenses was filed on July 12, 2013.
On September 9, 2013, a preliminary hearing was conducted before a
Magisterial District Judge (MDJ). At the close of that proceeding, Appellant
J-S44013-14
of Pa.R.Crim.P. 519(B)(2), which requires that a criminal complaint be filed
1
The MDJ granted
that motion and dismissed the charges against Appellant.
On October 9, 2013, the Commonwealth filed a timely notice of appeal
with this Court, presenting one issue for our review:
____________________________________________
1
Rule 519(B) reads, in its entirety:
(B) Release
(1) The arresting officer shall promptly release from
custody a defendant who has been arrested without a
warrant, rather than taking the defendant before the
issuing authority, when the following conditions have been
met:
(a) the most serious offense charged is a
misdemeanor of the second degree or a
misdemeanor of the first degree in cases arising
under 75 Pa.C.S. § 3802;
(b) the defendant poses no threat of immediate
physical harm to any other person or to himself or
herself; and
(c) the arresting officer has reasonable grounds to
believe that the defendant will appear as required.
(2) When a defendant is released pursuant to paragraph
(B)(1), a complaint shall be filed against the defendant
within 5 days of the defendant's release. Thereafter, the
issuing authority shall issue a summons, not a warrant of
arrest, and shall proceed as provided in Rule 510.
Pa.R.Crim.P. 519(B).
-2-
J-S44013-14
1. Did the Lower Court err in dismissing the charges against
[Gomez] for a violation of Pennsylvania Rule of Criminal
Procedure 519?
Initially, we must examine whether we have jurisdiction over this case,
as the Commonwealth is attempting to appeal from an order entered by the
MDJ, rather than the Court of Common Pleas of Washington County. See
Commonwealth v. Berardi, 524 A.2d 1365, 1366 (Pa. Super. 1987)
(stating that even where parties do not challenge our
incumbent upon the Superior Court to raise jurisdictional questions sua
sponte Commonwealth v. Garcia, 43 A.3d 470
(Pa. 2012), our Supreme Court held that this Court only has jurisdiction over
appeals from final orders entered by the court of common pleas. Id. at 477-
78.2 However, the Garcia
appeal from final orders of the Court of Common Pleas, our rules provide the
situations, including
Id.
____________________________________________
2
See also
appellate jurisdiction of all appeals from final orders of the courts of common
pleas, regardless of the nature of the controversy or the amount involved,
except such classes of appeals as are by any provision of this chapter within
the exclusive jurisdiction of the Supreme Court or the Commonwealth
Commonwealth v. Waller, 682 A.2d 1292, 1294 (Pa. Super.
a final order issued
-3-
J-S44013-14
criminal case, under the circumstances provided by law, the Commonwealth
may take an appeal as of right from an order that does not end the entire
case where the Commonwealth certifies in the notice of appeal that the
order will terminate or substantially
against Gomez constitutes a final order, we do not have jurisdiction over this
case; however, if it is an interlocutory order to which Rule 311(d) applies,
we d
10/9/13. However, in the
order that is the subject of this appeal is a final order per Commonwealth
v. Douglass Id.
Douglass,
the Commonwealth appealed from an order (entered by the court of
common pleas) dismissing the criminal complaint against Douglass on the
basis of a violation of Pa.R.Crim.P. 130(d), which was the predecessor to
Rule 519(B)(2). This Court concluded that because the Commonwealth
could not correct the untimeliness of the complaint and refile the charges
against Douglass, the order was final for appeal purposes. Id. at 414. See
also Commonwealth v. La Belle, 612 A.2d 418, 420 (Pa. 1992)
(concluding that an order dismissing charges for violation of Rule 130(d) was
final, as the defect in the complaint was incurable).
-4-
J-S44013-14
Based on Douglass and La Belle
dismissing the charges against Gomez is a final order. Consequently, under
Garcia, we do not have jurisdiction to review this case; instead, the Court of
Common Pleas of Washington County has jurisdiction over this matter. See
adopted pursuant to section 503 (relating to reassignment of matters), each
court of common pleas shall have exclusive jurisdiction of appeals from final
Accordingly, rather than quashing this appeal, we transfer the case to the
Court of Common Pleas of Washington County. See
appeal or other matter is taken to or brought in a court or magisterial
district which does not have jurisdiction of the appeal or other matter, the
court or magisterial district judge shall not quash such appeal or dismiss the
matter, but shall transfer the record thereof to the proper court of this
Commonwealth, where the appeal or other matter shall be treated as if
originally filed in transferee court on the date first filed in a court or
Case transferred to Court of Common Pleas of Washington County.
-5-
J-S44013-14
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 8/22/2014
-6-