Com. v. Aly, I.
1505 EDA 2015
| Pa. Super. Ct. | Dec 1, 2017Background
- Appellant Ibrahim Aly was convicted in 2013 of theft and receiving stolen property and sentenced to time served to 23 months, with a concurrent two-year probation term and immediate parole.
- As conditions of probation Aly was required to undergo mental health treatment and drug testing.
- About a year later Aly refused treatment, tested positive for marijuana, and absconded; a probation absconder warrant issued and he was arrested in spring 2015.
- At an April 21, 2015 probation-revocation hearing the court found Aly violated probation and ordered he serve his back time, then be paroled with a concurrent two-year probation term.
- Aly filed a timely pro se motion for reconsideration, then absconded again on May 11, 2015; he filed a pro se notice of appeal on May 21, 2015 while a fugitive and was not apprehended until November 22, 2016.
- The Superior Court quashed the appeal on the ground Aly’s fugitive status during the appellate period forfeited his right to appeal; the Court did not reach the sufficiency-of-evidence claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Commonwealth presented sufficient evidence at the probation-revocation hearing to prove Aly violated probation | Commonwealth maintained the revocation finding was supported by Aly’s refusal to attend mental health treatment and a positive marijuana test | Aly argued the evidence was insufficient to sustain revocation | Not reached on the merits; appeal quashed due to fugitive status |
| Whether Aly’s fugitive status during the appeal period forfeits his right to appellate review | Commonwealth argued Aly forfeited appellate rights by being a fugitive when the appeal period ran | Aly (by filing a pro se notice while fugitive) implicitly argued his appeal should proceed | Court held a fugitive who fails to return before the appeal deadline forfeits appellate rights; Aly forfeited his right to appeal because he remained a fugitive until after the appeal period expired |
Key Cases Cited
- Commonwealth v. Deemer, 705 A.2d 827 (Pa. 1997) (framework for whether fugitive status waives appellate rights)
- Commonwealth v. Doty, 997 A.2d 1184 (Pa. Super. 2010) (fugitive status during appeal period can forfeit appellate review)
- Commonwealth v. Hunter, 952 A.2d 1177 (Pa. Super. 2008) (defendant who remains a fugitive through the appeal deadline may not pursue appeal)