Commonwealth v. Toner

663 A.2d 202, 444 Pa. Super. 30, 1995 Pa. Super. LEXIS 2197
Superior Court of Pennsylvania·Decided July 27, 1995·Published·Cited by 9 cases

Opinions

KELLY, Judge:

In this opinion, we are asked to determine whether the court of common pleas may dismiss an appellant’s appeal for a trial de novo following the entry of judgment of sentence by a district justice on a summary conviction. We hold that the trial court cannot merely dismiss the appeal, but must determine facts and enter a verdict upon the record. Additionally, we hold that one’s guilty plea to a summary offense before a district justice does not preclude the right to a trial de novo in the court of common pleas. Accordingly, we reverse the trial court’s order dismissing appellant’s appeal and remand for proceedings consistent with this opinion.

The relevant facts and procedural history of this appeal are as follows. On February 2, 1994, the appellant, Richard Toner, was arrested for public drunkenness. The appellant was brought before District Justice Boyle on March 1, 1994. At the hearing, the appellant pled guilty to the offense and was sentenced to ninety (90) days incarceration, no fine or costs.

The appellant filed a notice of appeal from his summary conviction with the Allegheny County Court of Common Pleas1 on April 5, 1994. The appeal was heard on June 27, 1994 by Common Pleas Judge Doyle. The following exchange took place at the hearing:2

THE COURT: Why are we here? He pled guilty.
[33] THE OFFICER: He is appealing a ninety-day jail sentence. He pled guilty at district court and then we had the sentencing, then he filed for the appeal in the ninety days. Not the guilty verdict, the ninety days.
THE COURT: The only debate is over the sentence?
THE OFFICER: Yes.
THE COURT: Do you understand that?
THE DEFENDANT: Yes, sir.
THE COURT: You pled guilty to the offense.
THE DEFENDANT: The magistrate told me to appeal it and bring it down here.
THE COURT: Well, you are here. And, clearly, if you want to read it, there it is, of public record, you pled guilty and you were sentenced.
MR. ROSEN: He was sentenced to ninety days.
THE DEFENDANT: That’s why she told me to appeal it. She said bring it down here, appeal it.
THE COURT: Well—
THE OFFICER: She said you had a right to an appeal.
THE COURT: That’s all you have, because she sentenced you to ninety days. I didn’t.
THE DEFENDANT: That day I brought it down here—
THE COURT: Show it to him.
THE CLERK: In the yellow highlighted area.
THE COURT: See the highlighted language.
MS. ROSEN: You pled guilty; you got ninety days in jail.
What would you like to do about this?
(Discussion held at sidebar off the record between Judge Doyle and Ms. Rosen.)
MS. ROSEN: Have you been in jail on this at all?
THE DEFENDANT: No, ma’am.
THE COURT: Do you have anything else?
THE DEFENDANT: No, sir.
[34] THE COURT: The appeal is dismissed. Now you have thirty days to take an appeal to Superior Court.

(N.T. 6/27/94 at 2-4).

Accordingly, the Common Pleas Court “dismissed” the appeal, refusing a de novo review of the matter. This timely appeal followed.3

On appeal, the appellant raises the following issues for our review:

I. DID THE LOWER COURT ERR IN DISMISSING THE APPEAL FROM A DISTRICT MAGISTRATE’S JUDGMENT IN SUMMARY CONVICTION PROCEEDINGS?
II. DID THE LOWER COURT ERR IN FAILING TO CONDUCT A DE NOVO REVIEW OF THE APPEAL FROM A DISTRICT MAGISTRATE’S SUMMARY JUDGMENT ENTERED UPON A GUILTY PLEA?

Appellant’s Brief at 3.

We agree with the appellant’s first contention that the Common Pleas Court’s “dismissal” of the appellant’s appeal from his summary conviction was improper.

The appropriate method of challenging the propriety of a summary conviction, whether after hearing or by plea, is by a timely appeal to the Court of Common Pleas pursuant to Pa.R.Crim.P. 86.[4] Such an appeal must be taken within thirty days of sentencing and when perfected, the appeal is heard de novo by the Court of Common Pleas. Rule 86(g) provides that such an appeal is the exclusive means of challenging a summary conviction.

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Commonwealth v. Toner, 663 A.2d 202, 444 Pa. Super. 30, 1995 Pa. Super. LEXIS 2197 (Pa. Ct. App. 1995).

663 A.2d 202 (Commonwealth v. Toner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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Commonwealth v. Toner
663 A.2d 202 (Superior Court of Pennsylvania, 1995)