J-S05024-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
FRANKIE WILLIE MAINES,
Appellant No. 584 MDA 2015
Appeal from the Order March 27, 2015
In the Court of Common Pleas of Centre County
Criminal Division at No(s): CP-14-CR-0001399-2014
BEFORE: BENDER, P.J.E., SHOGAN, and PLATT,* JJ.
JUDGMENT ORDER BY SHOGAN, J.: FILED MARCH 16, 2016
Appellant, Frankie Willie Maines, brings this interlocutory appeal from
the order of the Court of Common Pleas of Centre County that denied her
motion to bar retrial on double jeopardy grounds after the trial court granted
a mistrial. Order, 1/6/15. We may exercise jurisdiction over this appeal
only to the extent that the order denying Appellant’s pretrial motion qualifies
as a collateral order under Pa.R.A.P. 313.
To establish whether a motion to dismiss on double jeopardy
grounds qualifies as a collateral order, trial courts must now,
inter alia, satisfy [Pa.R.Crim.P.] 587(B)(3), (4), (5), and (6).
Subsection (B)(3) requires the trial court, following a hearing, to
enter on the record a statement of findings of fact and
conclusions of law and its disposition of the double jeopardy
motion. Subsection (B)(4) requires the trial court to render a
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-S05024-16
specific finding on frivolousness in the event the court denies the
double jeopardy motion. Subsection (B)(5) requires the trial
court, if it finds frivolous the double jeopardy motion, to inform
on the record a defendant of his or her right to petition for
review under Pa.R.A.P. 1573 within [thirty] days of the order
denying the motion. Subsection (B)(6) requires the court to
advise a defendant of his immediate right to a collateral appeal if
the court does not find the double jeopardy motion to be
frivolous.
Commonwealth v. Taylor, 120 A.3d 1017, 1022–1023 (Pa. Super. 2015).
Here, our review of the record reveals the trial court failed to render a
specific finding on the record regarding frivolousness, as required under
Pa.R.Crim.P. 587(B)(4). Thus, the trial court failed to comply with
Pa.R.Crim.P. 587(B)(4) through (6). Because the trial court failed to fully
comply with Pa.R.Crim.P. 587(B), we are unable to determine whether we
may exercise jurisdiction over this appeal. Therefore, we remand this
matter to the trial court for compliance with Pa.R.Crim.P. 587(B) and
preparation of a supplemental Pa.R.A.P. 1925(a) opinion within sixty days of
the date of this judgment order. Upon the filing of a supplemental opinion,
the certified record is to be promptly returned to this Court.
Case remanded. Panel jurisdiction retained.1
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1
Our retaining jurisdiction over this appeal would not excuse Appellant’s
non-compliance with Pa.R.Crim.P. 587(B)(5) and Pa.R.A.P. 1573 in the event
the trial court determines that his double jeopardy motion is frivolous.
Taylor, 120 A.3d at 1023.
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