459 A.2d 420 | Pa. Super. Ct. | 1983
Horace Williams entered a counseled plea of guilty to robbery. On August 13, 1981, he was sentenced to a term of imprisonment for not less than four nor more than ten years. Although fully advised of his rights following sentencing, Williams did not file a motion to withdraw his plea of guilty, and he did not request a reconsideration of sentence. On October 10, 1981, he filed a pro se appeal in this court.
This appeal was untimely. An appeal must be filed within thirty days of the judgment of sentence. See: Commonwealth v. McCarthy, 296 Pa.Super. 142, 144-145, 442 A.2d 698, 699-700 (1981); Commonwealth v. Molyneaux, 277 Pa.Super. 264, 265-266, 419 A.2d 763, 764 (1980); Pa.R. A.P. 903(a). Where an appeal has been filed untimely, the defect is jurisdictional and may be raised by this Court sua sponte. Commonwealth v. Jones, 307 Pa.Super. 558, 453 A.2d 1028 (1982); Commonwealth v. Gottshalk, 276 Pa.Super. 102, 104, 419 A.2d 115, 116 (1980).
Appeal quashed.