Narrative Opinion Summary
The Supreme Court of Pennsylvania, in case No. 145 MAL 2018, has granted the Petition for Allowance of Appeal regarding the unpublished memorandum and order of the Superior Court (No. 971 MDA 2017) dated February 2, 2018. This appeal concerns the Post Conviction Relief Act (PCRA) order from the Dauphin County Court of Common Pleas (No. CP-22-CR-0003698-2012) issued on May 31, 2017. The Court determined that there was no evident error in the sentencing order from January 20, 2016, and thus the Dauphin County Court lacked the jurisdiction to modify this order on September 14, 2016, as per 42 Pa.C.S. § 5505 and the precedent set in Commonwealth v. Holmes, 933 A.2d 57 (Pa. 2007). Consequently, the Supreme Court vacated the Superior Court's order and the modification made by the Dauphin County Court on September 14, 2016. The case is remanded for the reinstatement of the original sentencing order from January 20, 2016. Justice Baer dissented, expressing the view to deny the appeal.
Legal Issues Addressed
Dissent on Granting Appealsubscribe to see similar legal issues
Application: Justice Baer dissented, indicating a preference to deny the appeal.
Reasoning: Justice Baer dissented, expressing the view to deny the appeal.
Jurisdiction of Court to Modify Sentencing Ordersubscribe to see similar legal issues
Application: The Supreme Court found that the Dauphin County Court lacked jurisdiction to modify the sentencing order after the lapse of time permitted by statute.
Reasoning: The Court determined that there was no evident error in the sentencing order from January 20, 2016, and thus the Dauphin County Court lacked the jurisdiction to modify this order on September 14, 2016, as per 42 Pa.C.S. § 5505 and the precedent set in Commonwealth v. Holmes, 933 A.2d 57 (Pa. 2007).
Reinstatement of Original Sentencing Ordersubscribe to see similar legal issues
Application: The case was remanded for reinstatement of the original sentencing order after finding the modification invalid due to lack of jurisdiction.
Reasoning: Consequently, the Supreme Court vacated the Superior Court's order and the modification made by the Dauphin County Court on September 14, 2016. The case is remanded for the reinstatement of the original sentencing order from January 20, 2016.