Commonwealth v. Griffin

Superior Court of Pennsylvania

Commonwealth v. Griffin

539 A.2d 1372, 372 Pa. Super. 628, 1988 Pa. Super. LEXIS 1103

CourtSuperior Court of Pennsylvania

DecidedApril 8, 1988

DocketNo. 872

StatusPublished

Cited by8 cases

This text of 539 A.2d 1372 (Commonwealth v. Griffin) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Griffin, 539 A.2d 1372, 372 Pa. Super. 628, 1988 Pa. Super. LEXIS 1103 (Pa. Ct. App. 1988).

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Opinion

McEWEN, Judge:

Appellant has taken this appeal from the order of June 9, 1987, which denied his post-verdict motions. Appellant, who had been found guilty by a jury of the offenses of aggravated assault, simple assault and criminal conspiracy, filed a notice of appeal on June 19, 1987. For the reasons appearing herein, we are constrained to quash this appeal.

“It is unquestionably the law that a defendant may appeal only from a final judgment of sentence and an [629]*629appeal from any prior order will be quashed as interlocutory.” Commonwealth v. Myers, 457 Pa. 317, 319, 322 A.2d 131, 132 (1974). Accord: Commonwealth v. Luciano, 345 Pa.Super. 83, 85, 497 A.2d 655, 656 (1985); Commonwealth v. Oliver, 309 Pa.Super. 152, 153, 454 A.2d 1128, 1129 (1983). See also: Pa.R.A.P. 301(c).

This appeal, having been taken from the order dismissing post-verdict motions, and not from the judgment of sentence, is not properly before this Court. Thus, we quash the appeal and remand to the trial court for the imposition of sentence, and note that the instant appeal is quashed without prejudice to the right of appellant thereafter to pursue his right of appeal.

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McEWEN, Judge:

Appellant has taken this appeal from the order of June 9, 1987, which denied his post-verdict motions. Appellant, who had been found guilty by a jury of the offenses of aggravated assault, simple assault and criminal conspiracy, filed a notice of appeal on June 19, 1987. For the reasons appearing herein, we are constrained to quash this appeal.

“It is unquestionably the law that a defendant may appeal only from a final judgment of sentence and an [629]*629appeal from any prior order will be quashed as interlocutory.” Commonwealth v. Myers, 457 Pa. 317, 319, 322 A.2d 131, 132 (1974). Accord: Commonwealth v. Luciano, 345 Pa.Super. 83, 85, 497 A.2d 655, 656 (1985); Commonwealth v. Oliver, 309 Pa.Super. 152, 153, 454 A.2d 1128, 1129 (1983). See also: Pa.R.A.P. 301(c).

This appeal, having been taken from the order dismissing post-verdict motions, and not from the judgment of sentence, is not properly before this Court. Thus, we quash the appeal and remand to the trial court for the imposition of sentence, and note that the instant appeal is quashed without prejudice to the right of appellant thereafter to pursue his right of appeal.

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Bluebook (online)

539 A.2d 1372, 372 Pa. Super. 628, 1988 Pa. Super. LEXIS 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-griffin-pasuperct-1988.

Opinion

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