Com. v. Overby
| Decision Date | 07 January 2000 |
| Citation | 744 A.2d 797 |
| Parties | COMMONWEALTH of Pennsylvania, Appellee, v. Dante OVERBY, Appellant. |
| Court | Pennsylvania Superior Court |
Gregory J. Pagano, Philadelphia, for appellant.
Catherine Marshall, Asst. Dist. Atty., Philadelphia, for Com., appellee.
Before CAVANAUGH and MUSMANNO, JJ., and CERCONE, President Judge Emeritus.
¶ 1 This is an appeal from judgment of sentence imposed after a non-jury trial upon a finding of guilt of delivery/possession with intent to deliver a controlled substance, knowing and intentional possession of a controlled substance, and criminal conspiracy. The judgment of sentence is affirmed.
¶ 2 Appellant was arrested on September 26, 1997, with Yakim Smith and Michael Davis based upon observations made by Philadelphia police officers of alleged drug dealing. A preliminary hearing was held on February 5, 1998, and appellant and the two co-defendants were bound over for trial on the above-stated charges. A suppression hearing was conducted on September 8, 1998, and the trial was held immediately upon the denial of the suppression motions. The court deferred sentencing until October 21, 1998.
¶ 3 Appellant's counsel filed a notice of appeal on November 20, 1998. By order docketed on December 11, 1998, the trial court ordered and directed the filing of a concise statement of matters complained of on appeal, pursuant to Pa.R.A.P. 1925(b), within 14 days. In a two sentence memorandum opinion docketed March 25, 1999, the trial court observed that, to date, no 1925(b) statement had been filed by counsel nor had there been any contact by counsel with the court. The trial court determined it was without a basis to render an opinion, but suggested dismissal of the appeal as the record was free from error. We find that the failure to file a timely 1925(b) statement renders no issue preserved for appellate review. ¶ 4 In Com. v. Lord, 553 Pa. 415, 719 A.2d 306 (1998), the supreme court held that from October 28, 1998, forward, in order to preserve claims for appellate review, an appellant must comply whenever the trial court orders the filing of a statement of matters complained of on appeal pursuant to Pa.R.A.P. 1925. "Any issues not raised in a 1925(b) statement will be deemed waived." Id.553 Pa. at 420,719 A.2d at 309. Counsel failed to file a 1925(b) statement within 14 days, or, indeed, prior to the filing of the lower court's memorandum opinion on March 25, 1999. The...
To continue reading
Request your trial
-
Com. v. Phinn
...Giles v. Douglass, 747 A.2d 1236 (Pa.Super.2000), Commonwealth v. Ortiz, 745 A.2d 662 (Pa.Super.2000), and Commonwealth v. Overby, 744 A.2d 797 (Pa.Super.2000)). ¶ 3 The court's order of January 3, 2000, directing the Commonwealth to file a statement was docketed that same date by the clerk......
-
Middleton v. Middleton
...wished to raise on appeal, and the trial court therefore did not address it, the claim was waived on appeal); Commonwealth v. Overby, 744 A.2d 797 (Pa.Super.2000) (where the trial court ordered a 1925(b) statement and none was filed and trial court determined it was without a basis to rende......
-
Com. v. Williams
...is mandatory whenever ordered by the trial court and, if not filed, all appellate claims will be deemed waived. In Commonwealth v. Overby, 744 A.2d 797 (Pa.Super.2000) our Court relied on Lord to hold that even if an appellant files a Rule 1925(b) statement, but does so beyond the time allo......
-
Com. v. Hess
...of Daubert, 757 A.2d 962, 963 (Pa.Super.2000) (citing Commonwealth v. Steadley, 748 A.2d 707 (Pa.Super.2000)); Commonwealth v. Overby, 744 A.2d 797, 798 (Pa.Super.2000). 6. The lower courts in Baker had found that a clerk of courts was not required to furnish a copy of a trial court's 1925(......