234 Pa. Code r. 721 - Procedures for Commonwealth Challenges to Sentencing; Sentencing Appeals
(A) Commonwealth
Challenges to Sentence
(1) The Commonwealth
may challenge a sentence by filing a motion to modify sentence, by filing an
appeal on a preserved issue, or by filing a motion to modify sentence followed
by an appeal.
(2) Sentencing issues
raised by the Commonwealth at the sentencing proceeding shall be deemed
preserved for appeal whether or not the Commonwealth elects to file a motion to
modify sentence on those issues.
(B) Timing
(1) Motion for Modification of Sentence. A
Commonwealth motion for modification of sentence shall be filed no later than
10 days after imposition of sentence.
(2) Appeal of Sentence.
(a) Appeal Directly from Order Imposing
Sentence.
(i) If the defendant has filed a
post-sentence motion, and the Commonwealth elects to challenge the sentence by
filing an appeal directly from the order imposing sentence, notice of the
Commonwealth's appeal shall be filed within 30 days of the entry of the order
disposing of the defendant's post-sentence motion pursuant to Rule
720(B)(3).
(ii) If the defendant
has not filed a post-sentence motion, the Commonwealth's notice of appeal shall
be filed within 30 days of the imposition of sentence.
(b) Appeal following Disposition of
Commonwealth Motion to Modify Sentence.
(i) If
the defendant has filed a post-sentence motion, the Commonwealth's notice of
appeal shall be filed within 30 days of the entry of the orders disposing of
the Commonwealth's and the defendant's motions pursuant to paragraph
(C)(1).
(ii) If the defendant has
not filed a post-sentence motion, the Commonwealth's notice of appeal shall be
filed within 30 days of the entry of the order disposing of the Commonwealth's
motion pursuant to paragraph (C)(2).
(C) Trial Court Action; Disposition
If the attorney for the Commonwealth files a timely motion for modification of sentence pursuant to paragraph (A)(1), the judge shall dispose of the motion as provided in this paragraph.
(1) If the defendant has filed a
post-sentence motion, the judge shall not vacate sentence but shall decide the
Commonwealth's motion and the defendant's post-sentence motion simultaneously.
The Rule 720(B)(3) time limits for deciding the defendant's post-sentence
motion, including the automatic denial provisions, shall apply to the
disposition of the Commonwealth's motion. The starting date for disposition of
both motions shall be the date on which the defendant filed the post-sentence
motion.
(2) If the defendant has
not filed a post-sentence motion, the judge shall not vacate sentence but shall
decide the Commonwealth's motion within 120 days of the filing of the motion.
If the judge fails to decide the Commonwealth's motion within 120 days, the
motion shall be deemed denied by operation of law.
(D) Entry of Order by Clerk of Courts
(1) When the Commonwealth's motion for
modification of sentence is denied by operation of law, the clerk of courts
shall forthwith:
(a) enter an order on behalf
of the court denying the Commonwealth's motion for modification of sentence by
operation of law; and
(b) furnish a
copy of the order, by mail or personal delivery, to the attorney for the
Commonwealth, the defendant, and defense counsel.
(2) An order entered by the clerk of courts
pursuant to this section shall not be subject to reconsideration.
Notes
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