J-S15004-19 & J-S15005-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
RICARDO L. NOBLE :
:
Appellant : No. 1354 WDA 2018
Appeal from the Judgment of Sentence Entered January 29, 2018
In the Court of Common Pleas of Erie County Criminal Division at No(s):
CP-25-CR-0000318-1992
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
RICARDO NOBLE :
:
Appellant : No. 1505 WDA 2018
Appeal from the Judgment of Sentence Entered January 29, 2018
In the Court of Common Pleas of Erie County Criminal Division at No(s):
CP-25-CR-0000318-1992
BEFORE: GANTMAN, P.J.E., SHOGAN, J., and COLINS*, J.
MEMORANDUM BY COLINS, J.: FILED APRIL 09, 2019
Appellant, Ricardo Noble, pro se, appeals from the judgment of sentence
of 40 years to life imprisonment, which was imposed at his resentencing
pursuant to his jury trial convictions for murder of the second degree, criminal
* Retired Senior Judge assigned to the Superior Court.
J-S15004-19 & J-S15005-19
conspiracy, and robbery.1 We quash both appeals as untimely. Additionally,
we deny Appellant’s pro se “Motion[s] for Extension of Time to File Reply Brief”
at both docket numbers as moot.
On July 19, 2017, the trial court granted Appellant relief pursuant to the
Post Conviction Relief Act (“PCRA”).2 On January 29, 2018, the trial court
resentenced Appellant. No post-sentence motion was filed. On February 20,
2018, Appellant’s counsel filed a motion to withdraw, which the trial court did
not address. Despite this pending motion, on March 9, 2018, counsel filed a
motion to reinstate Appellant’s appeal rights nunc pro tunc, which the trial
court granted later that month. On March 22, 2018, counsel filed a notice of
appeal, which this Court assigned Docket Number 420 WDA 2018,3 along with
a concise statement of errors complained of on appeal pursuant to Pa.R.A.P.
1925(b). On April 10, 2018, counsel filed another motion to withdraw, which
was denied by the trial court on April 30, 2018. On May 16, 2018, Appellant
filed a motion to represent himself. On May 23, 2018, this Court remanded
for a Grazier hearing.4 Following the hearing, on June 15, 2018, the trial
court found that Appellant’s request to proceed pro se was knowing,
____________________________________________
118 Pa.C.S. §§ 2502(b), 903(a)(1), and 3701(a)(1), respectively. Appellant
was originally sentenced on September 28, 1992.
2 42 Pa.C.S. §§ 9541–9546.
3Docket No. 420 WDA 2018 corresponds to Journal No. J-S15003-19, and the
13 issues raised therein are addressed in a separate memorandum decision.
4 Commonwealth v. Grazier, 713 A.2d 81 (Pa. 1998).
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J-S15004-19 & J-S15005-19
intelligent, and voluntary, and it granted said request. On July 5, 2018,
Appellant requested the trial court’s permission to supplement the concise
statement of errors complained of on appeal, which the trial court granted on
July 16, 2018. Appellant filed a supplemental concise statement of errors on
August 8, 2018.
On September 19, 2018, Appellant filed two notices of appeal, which
were assigned the instant Docket Numbers 1354 WDA 2018 and 1505 WDA
2018.5
When the trial court issues an order reinstating an appellant’s
appeal rights, the appellant must file the appeal within 30 days of
the order reinstating the appeal rights.3
3 See Pa.R.A.P. 903(a) (Except as otherwise prescribed by
this rule, the notice of appeal shall be filed within 30 days
after the entry of the order from which the appeal is taken).
Commonwealth v. Wright, 846 A.2d 730, 734-35 (Pa. Super. 2004). In the
current action, the trial court issued an order reinstating Appellant’s appeal
rights in March 2018; he did not file the notices of appeal for the instant
dockets, Docket Numbers 1354 WDA 2018 and 1505 WDA 2018, until
September 2018 – about five months late. Appellant’s notices of appeal thus
were untimely, and we hence quash both appeals. We deny Appellant’s pro
____________________________________________
5 Appellant simultaneously filed concise statements, raising issues about the
production of documents and his motion for correction to the notes of
testimony for his resentencing hearing; these claims were not included in the
statement initially filed by counsel on March 22, 2018, or in Appellant’s pro se
supplemental statement filed on August 8, 2018. The trial court filed
memorandum opinions addressing Appellant’s issues on November 8, 2018,
both of which relied in part upon an order it had entered on August 28, 2018.
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J-S15004-19 & J-S15005-19
se “Motion[s] for Extension of Time to File Reply Brief” at both docket numbers
as moot due to these quashals.
Appeals quashed. Motions denied.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/9/2019
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