Commonwealth v. Hudson

• Decision Date: 30 May 2014
• Court: Pennsylvania Superior Court
• Parties: COMMONWEALTH of Pennsylvania, Appellant v. Rameek HUDSON, Appellee.

92 A.3d 1235

2014 PA Super 111

COMMONWEALTH of Pennsylvania, Appellant

v.Rameek HUDSON, Appellee.

Superior Court of Pennsylvania.

Submitted Feb. 18, 2014.

Filed May 30, 2014.

Hugh J. Burns, Jr., Assistant District Attorney, Philadelphia, for Commonwealth, appellant.

David M. Walker, Philadelphia, for appellee.

BEFORE: SHOGAN, OTT and PLATT ^*, JJ.

OPINION BY SHOGAN, J.:

The Commonwealth of Pennsylvania (“the Commonwealth”) appeals from the order entered on January 8, 2013, that granted the motion to suppress filed by Rameek Hudson (“Appellee”).¹ The trial court asserts that the appeal should be quashed due to the Commonwealth's subsequent filing of a nolle prosequi, whereby it dismissed all charges against Appellee. As discussed in detail below, we conclude that the nolle prosequi was a nullity pursuant to Pa.R.A.P. 1701, it having been filed after the Commonwealth filed its notice of appeal. Accordingly, this appeal is properly before our Court, and after careful review, we affirm the order granting Appellee's motion to suppress.

On July 26, 2011, Philadelphia Police Officers Gregory Caputo and Brian Younger conducted a traffic stop of Appellee's car due to a broken tail light. While effectuating the traffic stop, the officers noticed Appellee reaching toward the center console of the automobile. Once the officers reached the vehicle, Officer Younger asked for and obtained Appellee's license and vehicle registration. After obtaining the documents, the officers asked Appellee and his passenger to exit the vehicle, whereupon Officer Younger conducted a protective sweep of the car for the safety of the officers. It was during this search that Officer Younger opened the center console and saw three pill bottles. Two pill bottles had the labels partially removed, while the label on the third bottle was intact and bore Appellee's name. Officer Younger seized the pill bottles and arrested Appellee. The pill bottles were later determined to contain prescription pain medication. Appellee was charged with possession of a controlled substance with intent to deliver and possession of a controlled substance.

Appellee filed a motion to suppress that was granted following a hearing on January 8, 2013. On February 7, 2013, the Commonwealth filed a timely notice of appeal.

Before we may consider the issue the Commonwealth raised on appeal, we must first address a procedural and jurisdictional concern. As noted above, the suppression court granted Appellee's motion to suppress on January 8, 2013, and the Commonwealth filed a timely appeal on February 7, 2013. Despite this timely appeal, the suppression court asserts the appeal should be quashed. Suppression Court Opinion, 7/19/13, at 2. The suppression court addressed its concern as follows:

On February 8, 2013, at a 30 day status listing, the Commonwealth requested that a voluntary nolle prosequi withprejudice of all charges against the [Appellee] be entered. [Appellee's] counsel was present at this listing and did not oppose the entry of such a request, which was granted by this Court. Later that same day, this Court was served with the Commonwealth's Notice of Appeal through the U.S. Postal Service.

“A nolle prosequi is a voluntary withdrawal by the prosecuting attorney of proceedings on a particular bill or information ...” Commonwealth v. Whiting, 509 Pa. 20, 500 A.2d 806, 807 (Pa.1985). When a request for a nolle prosequi is made, the Court must consider two factors: “(1) is the reason given by the Commonwealth for requesting the nolle prosequi valid and reasonable, and (2) does the [Appellee], at the time the nolle prosequi is requested, have a valid speedy trial claim?” Commonwealth v. Reinhart, 466 Pa. 591, 353 A.2d 848, 853 (Pa.1976); see also Commonwealth v. Rega, 856 A.2d 1242, 1245 (Pa.Super.2004). In this case, since the nolle prosequi was made with prejudice and there was no opposition from the [Appellee's] counsel, this Court did not hold a hearing on these two considerations.

Granted, this Court is mindful of the automatic stay provisions imposed upon it under Pa.R.A.P. 1701, however, the stay is limited only to matters in dispute on appeal per Pa.R.A.P. 1701(c), which states “Where only a particular item, claim or assessment adjudged in the matter is involved in an appeal, ... the appeal or petition for review proceeding shall operate to prevent the trial court ... from proceeding further with only such item ...” Commonwealth v. Moyer, 421 Pa.Super. 102, 106–07, 617 A.2d 744, 747 (1992).

Since the nolle prosequi was not a matter in dispute on appeal, this Court did retain jurisdiction to accept the Commonwealth's request to terminate the proceedings against the [Appellee]. As of the filing of this Opinion, the Commonwealth has not sought to vacate the nolle prosequi in light of the appeal taken by it a day earlier.

Given the Commonwealth's subsequent voluntary dismissal of the charges with prejudice and the lack of effort to vacate the nolle prosequi, this Court respectfully requests that the Commonwealth's appeal be quashed.

Suppression Court Opinion, 7/19/13, at 1–2 (emphasis in original).²

While we can appreciate the suppression court's rationale for its request to quash the appeal, we decline to do so. The suppression court correctly cites to Pa.R.A.P. 1701 in its discussion concerning trial court authority following the filing of an appeal. Pa.R.A.P. 1701 provides as follows:

Effect of Appeal Generally

(a) General rule. Except as otherwise prescribed by these rules, after an appeal is taken or review of a quasijudicial order is sought, the trial court or other government unit may no longer proceed further in the matter.

(b) Authority of a trial court or agency after appeal. After an appeal is taken or review of a quasijudicial order is sought, the trial court or other government unit may:

(1) Take such action as may be necessary to preserve the status quo, correct formal errors in papers relating to the matter, cause the record to be transcribed, approved, filed and transmitted, grant leave to appeal in forma pauperis, grant supersedeas, and take other action permitted or required by these rules or otherwise ancillary to the appeal or petition for review proceeding.

(2) Enforce any order entered in the matter, unless the effect of the order has been superseded as prescribed in this chapter.

(3) Grant reconsideration of the order which is the subject of the appeal or petition, if:

(i) an application for reconsideration of the order is filed in the trial court or other government unit within the time provided or prescribed by law; and

(ii) an order expressly granting reconsideration of such prior order is filed in the trial court or other government unit within the time prescribed by these rules for the filing of a notice of appeal or petition for review of a quasijudicial order with respect to such order, or within any shorter time provided or prescribed by law for the granting of reconsideration.

A timely order granting reconsideration under this paragraph shall render inoperative any such notice of appeal or petition for review of a quasijudicial order theretofore or thereafter filed or docketed with respect to the prior order. The petitioning party shall and any party may file a praecipe with the prothonotary of any court in which such an inoperative notice or petition is filed or docketed and the prothonotary shall note on the docket that such notice or petition has been stricken under this rule. Where a timely order of reconsideration is entered under this paragraph, the time for filing a notice of appeal or petition for review begins to run anew after the entry of the decision on reconsideration, whether or not that decision amounts to a reaffirmation of the prior determination of the trial court or other government unit. No additional fees shall be required for the filing of the new notice of appeal or petition for review.

(4) Authorize the taking of depositions or the preservation of testimony where required in the interest of justice.

(5) Take any action directed or authorized on application by the appellate court.

(6) Proceed further in any matter in which a nonappealable interlocutory order has been entered, notwithstanding the filing of a notice of appeal or a petition for review of the order.

(c) Limited to matters in dispute. Where only a particular item, claim or assessment adjudged in the matter is involved in an appeal, or in a petition for review proceeding relating to a quasijudicial order, the appeal or petition for review proceeding shall operate to prevent the trial court or other government unit from proceeding further with only such item, claim or assessment, unless otherwise ordered by the trial court or other government unit or by the appellate court or a judge thereof as necessary to preserve the rights of the appellant.

(d) Certain petitions for review. The filing of a petition for review (except a petition relating to a quasijudicial order) shall not affect the power or authority of the government unit to proceed further in the matter but the government unit shall be subject to any orders entered by the appellate court or a judge thereof pursuant to this chapter.

Pa.R.A.P. 1701.

In Commonwealth v. Hairston, 323 Pa.Super. 449, 470 A.2d 1004 (1984), a panel of this Court explained the ramifications of filing an appeal on the trial court's jurisdiction. In Hairston, the appellant pled guilty to murder, robbery, and burglary. The trial court accepted the guilty plea, conducted a degree of guilt hearing, and found appellant guilty of murder in the second degree. On April 19, 1977, the trial court sentenced the appellant to a term of life imprisonment on the murder charge and to terms of ten to twenty years each on the robbery and burglary charges to run consecutively to the life sentence. Over four and one-half years later, on December 15, 1981, the appellant filed a petition for collateral relief under the Post...