J-S09032-19
NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P 65.37
COMMONWEALTH OF PENNSYLVANIA, : IN THE SUPERIOR COURT
: OF
Appellee : PENNSYLVANIA
:
v. :
:
CHAZ LEE AUSTIN, :
:
Appellant : No. 1206 WDA 2018
Appeal from the Judgment of Sentence Entered July 26, 2018
in the Court of Common Pleas of Allegheny County
Criminal Division, at No(s): CP-02-CR-0001230-2017
CP-02-CR-0001233-2017
BEFORE: PANELLA, P.J, LAZARUS, J. and STRASSBURGER, J.*
JUDGMENT ORDER BY STRASSBURGER, J.:
FILED APRIL 25, 2019
Chaz Lee Austin (Appellant) appeals from the judgment of sentence
entered July 26, 2018, after the trial court revoked his probation. Upon
review, we quash this appeal.
In light of our disposition, a complete recitation of the factual and
procedural history is unnecessary. Pertinent to this appeal, on May 31, 2017,
Appellant pleaded guilty at docket number CP-02-CR-0001230-2017 (docket
number 1230-2017) to one count each of simple assault, recklessly
endangering another person (REAP) and resisting arrest. That same day,
Appellant pleaded guilty at docket number CP-02-CR-0001233-2017 (docket
* Retired Senior Judge assigned to the Superior Court.
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number 1233-2017) to one count of simple assault. Appellant proceeded
directly to sentencing and, pursuant to Appellant’s negotiated plea deal,
Appellant was sentenced to two years’ probation. No direct appeal was filed.
On July 26, 2018, Appellant “appeared for a Gagnon II[1] hearing for
multiple technical violations of his probation.” Trial Court Opinion,
11/27/2018, at 2. Following a hearing, the trial court revoked Appellant’s
probation and imposed a term of incarceration of six to 12 months with
immediate parole to Justice Related Services (JRS) at docket number 1230-
2017, and a concurrent term of two years’ probation at docket number 1233-
2017. N.T., 7/26/2018, at 3. These sentences were memorialized in two
separate sentencing orders. See Order, 7/26/2018 (Docket Number 1230-
2017); Order, 7/26/2018 (Docket Number 1233-2017). Appellant thereafter
filed a single post-sentence motion at both docket numbers and, following its
denial, a timely notice of appeal.2 In its caption, Appellant listed both docket
numbers.
Before we reach the issues presented by Appellant on appeal, we must
address first the fact that Appellant filed a single notice of appeal raising issues
that relate to two docket numbers. In Commonwealth v. Walker, 185 A.3d
969 (Pa. 2018), our Supreme Court considered whether to quash an appeal
where one notice of appeal was filed for orders entered at more than one
1 Gagnon v. Scarpelli, 411 U.S. 778 (1973).
2 Both Appellant and the trial court complied with Pa.R.A.P. 1925.
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docket number. The Official Note to Pennsylvania Rule of Appellate Procedure
341(a) provides that “[w]here … one or more orders resolves [sic] issues
arising on more than one docket … separate notices of appeal must be filed.”
In Walker, our Supreme Court found that the “Official Note to Rule 341
provides a bright-line mandatory instruction to practitioners to file separate
notices of appeal.” Id. at 976-77. Thus, it held that for appeals filed after
June 1, 2018, the date Walker was filed, “when a single order resolves issues
arising on more than one lower court docket, separate notices of appeal must
be filed.” Id. at 977. The Court emphasized that the “failure to do so will
result in quashal of the appeal.” Id.
In this case, on August 27, 2018, Appellant filed a single notice of appeal
from his judgment of sentence announced on July 26, 2018 at two docket
numbers. Because Appellant filed his notice of appeal after our Supreme
Court’s decision in Walker, we must quash this appeal. See Commonwealth
v. Williams, ___A.3d___, 2019 WL 1272699 at *2 (Pa. Super. 2019)
(quashing an appeal from a single pro se notice of appeal containing multiple
docket numbers which was hand-dated June 4, 2018 and time-stamped on
June 5, 2018, “in accordance with Rule 341 and Walker”).
Appeal quashed.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/25/2019
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