569 A.2d 328 | Pa. | 1989
Dissenting Opinion
dissenting.
I must disagree with the Court’s reliance on Commonwealth v. Passaro, 504 Pa. 611, 476 A.2d 346 (1984), as a basis for denying the instant petition for reargument and affirming the dismissal of petitioner’s appeal. The ratio
The facts of the instant case are easily distinguishable. In this matter, petitioner escaped from prison and was recaptured the following day. This Court was unaware of his brief absence until approximately one month after he was returned to prison. Essential to the rationale established in Passaro is that the disruption of the appellate process justifies a conclusion that the constitutional right of appeal was forfeited thereby. In this matter, the appellate process was in no way impacted by the aborted escape. It must be emphasized that our laws provide for specific sanctions for conduct of this nature. 18 Pa.C.S. § 5121. To apply a concept of forfeiture of the constitutional right to appeal would be in effect an additional judicially-determined sanction imposed as a result of the attempted escape, a sanction which would abrogate a fundamental state constitutional right. Such an act, in my judgment, is improper.
I, therefore, dissent.
Lead Opinion
ORDER
It being brought to the attention of this Court that, on August 20, 1989, the Appellant escaped from the State Correctional Institution at Huntingdon, the appeal is dismissed. See, Commonwealth v. Passaro, 504 Pa. 611, 476 A.2d 346 (1984).
AMENDED ORDER
AND NOW, this 7th day of February, 1990, the Application for Reconsideration or Reargument filed by Appellant is DENIED.