J-S25021-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1490 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0002279-2011
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1491 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000659-2011
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1492 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
J-S25021-15
Criminal Division at No: CP-10-CR-0000658-2011
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1493 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000656-2011
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1494 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000347-2011
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR.
Appellee No. 1495 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
-2-
J-S25021-15
Criminal Division at No: CP-10-CR-0001255-2010
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ALEXANDER CASH, JR., A/K/A MARLO
TYSHAWN JOHNSON
Appellee No. 1496 WDA 2014
Appeal from the Order entered August 12, 2014
In the Court of Common Pleas of Butler County
Criminal Division at No: CP-10-CR-0000062-2010
BEFORE: BENDER, P.J.E., STABILE, and PLATT,* JJ.
JUDGMENT ORDER BY STABILE, J.: FILED MAY 28, 2015
In these seven consolidated cases, the trial court sua sponte, and
without notice to any party, entered “amended orders” on August 12, 2014,
modifying the sentences of Appellee, Alexander Cash, Jr., to make him
eligible for boot camp. The trial court entered these orders more than two
years after it sentenced Appellee on May 17, 2012. The Commonwealth
appeals, and the trial court concedes it lacked jurisdiction to modify its prior
judgments. We agree.
Generally, a trial court loses jurisdiction to modify its orders 30 days
after entry of the order. 42 Pa.C.S.A. § 5505. The general rule is subject to
a court’s limited, inherent authority to “correct patent errors despite the
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
-3-
J-S25021-15
absence of traditional jurisdiction.” Commonwealth v. Holmes, 933 A.2d
57, 65 (Pa. 2007).
The trial court apparently entered the August 12, 2014 amended
orders in response to a letter from the Department of Corrections (DOC).
There is no suggestion that the May 17, 2012 judgments of sentence
contained patent errors subject to correction absent a lack of traditional
jurisdiction. Indeed, Appellee’s negotiated pleas did not include a discussion
of boot camp, because he is serving a 5 to 15 year sentence and therefore is
ineligible for boot camp. See 61 Pa.C.S.A. § 3903 (defining “eligible inmate”
as a person serving a maximum sentence of five years or less). In sum, the
trial court lacked jurisdiction to enter the August 12, 2014 amended orders.
Therefore, we vacate those orders.
Orders vacated. Cases remanded. Jurisdiction relinquished.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/28/2015
-4-