Commonwealth v. Reeves, W.

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT COMMONWEALTH OF PENNSYLVANIA, : No. 145 MAL 2018 : Respondent : : Petition for Allowance of Appeal from : the Unpublished Memorandum and v. : Order of the Superior Court at No. : 971 MDA 2017 entered on February : 2, 2018, affirming the PCRA Order of WILLIAM ANTHONY REEVES, : the Dauphin County Court of Common : Pleas at No. CP-22-CR-0003698- Petitioner : 2012 entered on May 31, 2017 ORDER PER CURIAM DECIDED: July 31, 2018 AND NOW, this 31st day of July, 2018, the Petition for Allowance of Appeal is GRANTED. There being no patent and obvious error appearing on the face of the sentencing order of January 20, 2016, attached to this Order as Appendix A, or by reference to the record of this matter, the Dauphin County Court of Common Pleas was without jurisdiction or authority to modify that order on September 14, 2016. See 42 Pa.C.S. § 5505; Commonwealth v. Holmes, 933 A.2d 57 (Pa. 2007). Accordingly, the order of the Superior Court is VACATED, as is the September 14, 2016 order of the Dauphin County Court of Common Pleas, attached to this Order as Appendix B, which purported to modify Petitioner’s judgment of sentence. The matter is REMANDED for reinstatement of the sentencing order entered January 20, 2016. Justice Baer dissents and would deny allowance of appeal. Appendix A [145 MAL 2018] - 2 [145 MAL 2018] - 3 Appendix B [145 MAL 2018] - 4