Commonwealth v. Fill, 202 A.3d 133

Richard A. Fill was convicted by a jury of terroristic threats and simple assault and sentenced on October 27, 2017 (incarceration for terroristic threats, probation for assault, restitution of $1,030, and 286 days credit for time served).
Fill had successive counsel issues: Public Defender sought to withdraw pretrial; new counsel Joan Fairchild was appointed and represented him at trial and sentencing, then moved to withdraw post-sentencing after Fill said he intended to retain counsel for appeal.
The Commonwealth filed a Motion for Reconsideration of Sentence (docketed Nov. 13, 2017) seeking reduction of credit for time served; the motion was not timely filed with the Prothonotary within 10 days and the record lacks a certificate of service to Fill.
The trial court held a December 1, 2017 hearing on the Commonwealth’s motion while Fill was unrepresented; the court reduced Fill’s credit from 286 days to 9 days.
Fill filed a timely appeal from the December 1 order (notice filed Jan. 2, 2018) but did not appeal his original judgment of sentence within 30 days; he later obtained new counsel and raised two issues on appeal.

Issue	Fill's Argument	Commonwealth's Argument	Held
Right to counsel at post‑sentence hearing on Commonwealth’s motion to reduce credit for time served	Fill contends he was entitled to counsel at the Dec. 1 proceeding and lacked effective representation when his credit was reduced	Commonwealth did not oppose remand for a hearing with counsel; argued motion had been delivered earlier and implied counsel remained	Court held the proceeding was a "critical stage," Fill had a right to counsel, record did not show forfeiture, vacated Dec. 1 order and remanded for a hearing with counsel
Challenge to restitution imposed at sentencing	Fill argues restitution was unsupported by the record and should be vacated	Commonwealth asserts restitution was properly imposed at sentencing	Court concluded it lacked jurisdiction to review the restitution claim because Fill failed to timely appeal the original judgment of sentence within 30 days

Commonwealth v. Tedesco, 550 A.2d 796 (Pa. Super. 1988) (filing requires submission to the clerk/prothonotary; delivering to judge is not filing)
Commonwealth v. Crawford, 17 A.3d 1279 (Pa. Super. 2011) (procedural defects may render a motion not properly before the court)
Commonwealth v. Klein, 781 A.2d 1133 (Pa. 2001) (trial court has inherent power to correct credit for time served)
Commonwealth v. Ellsworth, 97 A.3d 1255 (Pa. Super. 2014) (erroneous credit for time served is correctable)
Commonwealth v. Lucarelli, 971 A.2d 1173 (Pa. 2009) (forfeiture of counsel requires extremely dilatory or serious misconduct)
Commonwealth v. Staton, 120 A.3d 277 (Pa. 2015) (distinguishes waiver and forfeiture standards for right to counsel)
Commonwealth v. Kelly, 5 A.3d 370 (Pa. Super. 2010) (extreme defendant conduct can forfeit right to counsel)
Commonwealth v. Beck, 848 A.2d 987 (Pa. Super. 2004) (credit-for-time-served challenge implicates legality of sentence)
Commonwealth v. Bartley, 576 A.2d 1082 (Pa. Super. 1990) (appeal period runs from entry of judgment of sentence)