Commonwealth v. Peralta

173 A.3d 813
CourtSuperior Court of Pennsylvania
DecidedOctober 31, 2017
Docket2281 EDA 2016
StatusPublished
Cited by6 cases

This text of 173 A.3d 813 (Commonwealth v. Peralta) 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. Peralta, 173 A.3d 813 (Pa. Ct. App. 2017).

Opinion

OPINION BY

RANSOM, J.:

Appellant, Richie Peralta, appeals from the judgment of sentence of June 17, 2016, imposed after the court dismissed his de novo appeal for failure to appear. We affirm.

On March 15, 2016, Appellant was stopped at the intersection of Tioga and Colon Streets in Philadelphia, Pennsylvania, due to the tinted windows of his car. Upon running Appellant’s license, the police officer discovered that Appellant’s license had been suspended. The officer wrote two traffic citations for the above violations. 1 See Traffic Citations AA23374I-4 and AA233742-5. A hearing for these citations was scheduled for May 17, 2016, at 9:00 a.m. Appellant did not appear at the hearing, was found guilty in absentia and was fined $146.50 and $275.00, respectively. 2 That same day, Appellant filed a notice of appeal to the Court of Common Pleas, and a trial de novo was scheduled for June 17, 2016. See Notice of Appeal, 5/17/16.

On June 17, 2016, Appellant failed, to appear for his trial de novo, and his appeal was dismissed. See Order, 6/17/16. Appellant retained counsel and filed an unopposed motion for reconsideration. See Mot. for Recons., 6/22/16, at ¶¶ 1-6. The motion averred that Appellant worked nine hours a day, seven days a week, and that due to his heavy workload, unrelated legal troubles, and conflict within his family, he had inadvertently missed his trial. Id, The Commonwealth did not oppose the motion. Id. The court heard argument from Appellant’s counsel but ultimately denied the motion. See Notes of Testimony (N.T.), 6/22/16, at 3-16.

Appellant timely appealed 3 and filed a court-ordered Pa.R.A,P. 1925(b) statement of errors complained of on appeal. The court issued a responsive opinion.

On appeal, Appellant raises the following issues for our review, which we have reordered for ease of analysis:

1. Whether or. not it was an abuse of discretion for the trial court to deny relief to the Appellant, when promptly presented with his credible claim of involuntariness, and where the Commonwealth did not oppose the motion for reconsideration and argued before the trial court that it be granted, where the Appellant was pro se at the time of his absence, where the denial was based on the trial court’s procedural rigidity?
2. Whether or not it was an error of law for the trial court to deny the Appellant a new trial after his de novo summary appeal was dismissed for failing to appear, where he presented a prima facie claim of involuntariness that was found to be credible. -
3. Whether or not it was an error of law for the trial court to find the Appellant was absent without cause,- where he failed to appear due to his inability to remember his court date cause [sic] stress from conflict in his home life and overwork?
4. Whether or not it was an error of law for the trial court to dismiss the Appellant’s appeal under Pa.R.Crim.P. 1037(D)(2) for failing to appear prior to his de novo summary trial' at a status/settlement conference scheduled by the Court of Common Pleas pursuant to Pa.R.Crim.P. 1037(A).

Appellant’s Brief at 7.

The standard of review regarding summary conviction appeals is well-settled and is

limited to a determination of whether an error of law has been committed and whether the findings of fact are supported by competent evidence. The adjudication of the trial court will not be disturbed on appeal absent a manifest abuse of discretion.

Commonwealth v. Marizzaldi, 814 A.2d 249, 251 (Pa. Super. 2002) (internal citations and quotation omitted).

Pennsylvania Rule of Criminal Procedure 1037(D), regulating summary appeals from decisions of the Traffic Division of the Philadelphia Municipal Court, controls. See Pa.R.Crim.P; 1030, 1037. With regard to summary appeals where the defendant fails to appear for a trial de novo,

the Common Pleas Court judge shall dismiss the appeal and enter the judgment in the Court of Common Pleas on the judgment of the Traffic. Division judge or hearing officer.

Pa.R.Crim.P. 1037(D)(2). 4 The entry of such an order constitutes a final order and no' post-sentence motions are permitted. See Pa.R.Crim,P. 720(D).

Essentially, Appellant claims that despite ■ the plain language of Rule 1037(D)(2), the trial court erred in dismissing his appeal without a hearing. His argument is two-fold. See Appellant’s Brief at 18. First, Appellant acknowledges that the Rule provides that the court “shall” dismiss the appeal due to the failure to . appear. Id. at 19. However, he suggests that the comment to Rule 462(D) should inform our interpretation and that the language of Rule 1037(D)(2) Should be read permissively. Id. Second, Appellant contends that the court’s decision does not comport with Rule 101, which provides that the rules are intended to effectuate the just determination of criminal proceedings. Id. at 18; Pa.R.Crim.P. 101(A). ■

The body of case law regarding the dismissal of summary appeals ‘for failure to appear is solely from countiés govérned by Rule 462. In that regard, our Court has held that where an appellant’s tardiness is involuntary, he should be given an opportunity to present a defense as provided by the Comment to the Rule. See Marizzaldi, 814 A.2d at 251-53 (citing in support, the Comment to Pa.R.Crim.P. 462(D), providing that a trial judge may dismiss an appeal where the judge determines that the defendant is absent without cause).

Marizzaldi did not define “without cause.” Because the trial court had not conducted an inquiry into the cause of the absence, we vacated the judgment of sentence and remanded. See Marizzaldi, 814 A.2d at 253 (finding that the appellant may have shown good cause where, through no fault of his own, he missed a bus to court). Subsequent cases have further defined this term. See Commonwealth v. Akinsanmi, 55 A.3d 539, 541 (Pa. Super. 2012) (finding that the appellant’s absence was voluntary where she was attending a research conference instead of court.and did not request a continuance); see also Commonwealth v. Dixon, 66 A.3d 794, 797-98 (Pa.Super. 2013) (finding that the appellant’s absence was voluntary where he ignored directions printed on his court papers and reported to the wrong location).

However, these cases are of limited utility to our analysis, as they all concern themselves with Rule 462(D), which governs all appeals from summary convictions in counties outside of Philadelphia, traffic related and otherwise. See Pa.R.Crim.P. 462; see, e.g., Commonwealth v. Mesler,

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Cite This Page — Counsel Stack

Bluebook (online)
173 A.3d 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-peralta-pasuperct-2017.