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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
v.
TERRELL LEWIS
Appellant No. 3015 EDA 2014
Appeal from the Judgment of Sentence March 18, 2014
in the Court of Common Pleas of Philadelphia County Criminal Division
at No(s): CP-51-CR-0007658-2012
BEFORE: BOWES, PANELLA, and FITZGERALD,* JJ.
MEMORANDUM BY FITZGERALD, J.: FILED NOVEMBER 16, 2016
Appellant, Terrell Lewis, appeals from the judgment of sentence
entered in the Philadelphia County Court of Common Pleas following his non-
negotiated guilty plea to two counts of robbery, two counts of possession of
firearm prohibited, and one count of possession of an instrument of crime.
Appellant challenges the discretionary aspects of his sentence. We quash
this appeal and remand for further proceedings.
This case stems from two separate cases: CP-51-CR-0008672 (“Case
1”) and CP-51-CR-0007658-2012 (“Case 2”). After Appellant entered a
consolidated guilty plea, the trial court sentenced him on March 18, 2014.
On March 25, 2014, Appellant filed a pro se motion for reconsideration for
both cases. Thereafter, two separate counsel, each representing Appellant
*
Former Justice specially assigned to the Superior Court.
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on the respective cases, each filed individual, timely motions for
reconsideration. On March 27, 2014, the trial court summarily denied the
counseled motion for reconsideration filed in Case 1. The trial court never
ruled on the other counseled reconsideration motion filed in Case 2. The
court indicated that it had never received the motion. Trial Ct. Op.,
1/19/15, at 2. Appellant’s counsel on Case 2 filed the instant notice of
appeal on June 27, 2014. Appellant’s counsel on Case 1 did not file a direct
appeal.
As a prefatory matter, we examine this Court’s jurisdiction. Although
not raised by the parties, it is well settled that this Court may raise
questions affecting our jurisdiction sua sponte. Commonwealth v. Green,
862 A.2d 613, 615 (Pa. Super. 2004) (en banc). This Court’s jurisdiction is
triggered once an order becomes final. Commonwealth v. Rojas, 874
A.2d 638, 642 (Pa. Super. 2005). In criminal cases, a direct appeal may be
filed within thirty days of a judgment of sentence becoming final. Id.
(citation omitted). A judgment of sentence does not become final until the
resolution of any post-sentence motions. Commonwealth v. Borrero, 692
A.2d 158, 159 (Pa. Super. 1997). Once a post-sentence motion is filed, the
trial court has 120 days to rule on the motion, otherwise the motion is
deemed denied by operation of law pursuant to Pa.R.Crim.P. 720(B)(3)(a),
and the clerk of courts is directed to enter an order reflecting the same.
Commonwealth v. Perry, 820 A.2d 734, 735 (Pa. Super. 2003).
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If an appellant files a notice of appeal prior to the resolution of post-
sentence motions, the judgment of sentence has not become “final” and the
purported appeal will be considered interlocutory and unreviewable.
Borrero, 692 A.2d at 160. When such an interlocutory appeal has been
filed, the proper remedy is to quash the appeal and remand for consideration
of the post-sentence motion nunc pro tunc.1 Id. at 161.
Appellant’s instant notice of appeal, regarding Case 2, was filed prior
to the 120-day period allotted for the resolution of his post-sentence motion
concerning that case. See Pa.R.Crim.P. 720(B)(3)(a). Indeed, the trial
court indicated that the motion at issue was never even received by the
court. Trial Ct. Op. at 2. Therefore, we conclude that Appellant’s judgment
of sentence does not yet constitute a final order because his post-sentence
motion was pending at the time he filed his notice of appeal. Borrero, 692
at 160. Thus, Appellant’s instant notice of appeal is premature. Id.
Accordingly, we quash this appeal and remand to allow the trial court to rule
on Appellant’s post-sentence motion regarding Case 2.
Appeal quashed. Case remanded for further proceedings. Jurisdiction
relinquished.
1
Under these circumstances, the nunc pro tunc post-sentence motion is
deemed filed on the date in which the certified record is remanded to the
trial court.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/16/2016
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