Commonwealth v. Burks
102 A.3d 497
| Pa. Super. Ct. | 2014Background
- Burks pled guilty to multiple counts across three dockets in November 2007; trial court imposed aggregate sentence of time served plus five years’ probation.
- Subsequent retail thefts led to probation revocation and an aggregate 18 months’ intermediate punishment plus one year of probation; she was admitted to Drug Court with conditions.
- Probation was revoked again on March 21, 2013; court resentenced Burks to 40 to 80 months total incarceration across the three dockets.
- Burks filed a pro se post-sentence motion and a PCRA petition; the PCRA court reinstated Burks’ post-sentencing/appellate rights nunc pro tunc on March 26, 2014.
- A post-sentence motion was filed nunc pro tunc on April 3, 2014; Burks filed a notice of appeal on May 2, 2014.
- The Superior Court dismissed the appeal as untimely, holding no extraordinary circumstances excused late filing and that Rule 708 governs revocation appeals with a 30-day deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely notwithstanding nunc pro tunc reinstatement | Burks argues reinstatement tolled or extended the deadline. | Commonwealth contends the 30-day period remained unaltered and untimely. | Appeal dismissed as untimely |
Key Cases Cited
- Commonwealth v. Parlante, 823 A.2d 927 (Pa. Super. 2003) (revocation sentence appeals have a 30-day deadline)
- Commonwealth v. Patterson, 940 A.2d 493 (Pa. Super. 2007) (untimely revocation appeal jurisdictional bar; no tolling)
- Commonwealth v. Braykovich, 664 A.2d 133 (Pa. Super. 1995) (extensions to filing deadline require extraordinary circumstances)