J. A32019/14
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellee :
v. :
:
LATIFF A. HADI, :
:
Appellant : No. 377 EDA 2014
Appeal from the Judgment of Sentence November 26, 2013
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s).: CP-51-CR-0005036-2012
BEFORE: PANELLA, OLSON, and FITZGERALD,* JJ.
CONCURRING STATEMENT BY FITZGERALD, J.:FILED FEBRUARY 04, 2015
I respectfully concur in the result reached by the majority—that
because Appellant’s notice of appeal was untimely, this appeal must be
quashed. I write separately to acknowledge that Appellant’s right to a direct
appeal has been curtailed by circumstances beyond his control—that his
attorney failed to file a timely post-sentence motion under the clear dictates
of Pennsylvania Rule of Criminal Procedure 720(A)(1) and (A)(3). 1 I also
note Appellant may seek reinstatement of his direct appeal rights nunc pro
tunc pursuant to the Post Conviction Relief Act, 42 Pa.C.S. §§ 9541-9546.
*
Former Justice specially assigned to the Superior Court.
1
See Pa.R.Crim.P. 720(A)(1) (stating post-sentence motion shall be filed no
later than 10 days after imposition of sentence), (3) (“If the defendant does
not file a timely post-sentence motion, the defendant’s notice of appeal shall
be filed within 30 days of imposition of sentence[.]”).