Commonwealth v. Martinez, 141 A.3d 485

Martinez pleaded nolo contendere to multiple counts (robbery, terroristic threats, theft, receiving stolen property, aggravated and simple assault) and was sentenced on Nov. 13, 2012 to 8–16 years.
The Commonwealth filed a timely post-sentence motion on Nov. 19, 2012 seeking application of a deadly-weapon enhancement.
The trial court initially scheduled hearings, granted the Commonwealth’s post-sentence motion on Jan. 16, 2013, and set a resentencing; resentencing ultimately occurred on Apr. 5, 2013, resulting in an enhanced sentence of 10.5–21 years and vacation of the original sentence.
The record shows no resolved disposition of the Commonwealth’s motion within 120 days of its filing (i.e., by Mar. 19, 2013), and no defendant-requested 30‑day extension under Rule 720.
Martinez’s direct appeal was dismissed for counsel’s failure to file a brief; he later obtained reinstatement of direct-appeal rights and appealed the Apr. 5, 2013 judgment of sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to vacate and resentence after 120 days from the Commonwealth’s post-sentence motion	Commonwealth argued it preserved sentencing issue and court could resentence	Martinez argued Rule 721 required disposition within 120 days, so resentencing after 137 days was void	Court held trial court lacked jurisdiction; resentencing on Apr. 5, 2013 was void and original sentence must be reinstated

Commonwealth v. Catt, 994 A.2d 1158 (Pa. Super. 2010) (standards for legality-of-sentence review)
Commonwealth v. Tobin, 89 A.3d 663 (Pa. Super. 2014) (examples of illegal sentences include those imposed without jurisdiction)
Commonwealth v. Bentley, 831 A.2d 668 (Pa. Super. 2003) (trial court loses jurisdiction if it fails to rule on post-sentence motion within 120 days)
Commonwealth v. Santone, 757 A.2d 963 (Pa. Super. 2000) (orders issued after expiration of the decision period are legal nullities)