Commonwealth v. Eyiwunmi Akinsanmi
55 A.3d 539
| Pa. Super. Ct. | 2012Background
- Appellant Eyiwunmi Akinsanmi was cited for parking where prohibited by sign in Schenley Park on December 10, 2011.
- A magisterial district court found her guilty on January 13, 2012.
- On February 6, 2012, she filed a notice of appeal from the summary conviction, and a de novo hearing was scheduled for April 2, 2012.
- Appellant did not appear at the April 2, 2012 hearing; the court dismissed the appeal and entered judgment for the Commonwealth under Pa.R.Crim.P. 462(D).
- Appellant filed a notice of appeal with this Court in April 2012 challenging the dismissal; the court reviews the dismissal de novo for error of law and whether the record supports the ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for non-appearance was proper | Akinsanmi challenged the underlying ticket; she did not meaningfully address the dismissal issue. | Commonwealth asserts dismissal was proper due to absence without good cause. | Dismissal for non-appearance was proper; no good cause shown. |
Key Cases Cited
- Commonwealth v. Marizzaldi, 814 A.2d 249 (Pa.Super. 2002) (standard for reviewing de novo appeals where trial court’s findings are supported by the record)
- Commonwealth v. Slomnicki, 773 A.2d 216 (Pa.Commw.2001) (dismissal proper when defendant fails to appear without excuse)
- Commonwealth v. Mesler, 732 A.2d 21 (Pa.Commw.1999) (good cause for absence may warrant a new trial)
- Commonwealth v. Doleno, 406 Pa.Super. 286, 594 A.2d 341 (Pa.Super.1991) (absence not voluntary; potential for good cause)