![]() The clerk shall transmit the petition and the criminal case file to the trial judge, if available, or to the administrative judge, if the trial judge is not available. (A) Upon receipt of a petition for post-conviction collateral relief, the clerk of courts promptly shall time stamp the petition with the date of receipt and make a docket entry, at the same term and number as the underlying conviction and sentence, reflecting the date of receipt, and promptly shall place the petition in the criminal case file. POST-CONVICTION COLLATERAL PROCEEDINGS Rule 903. Official Note: Rule 1411 adopted August 22, 1997, effective Janurenumbered Rule 721 and amended March 1, 2000, effective Ap Comment revised March 3, 2004, effective July 1, 2004.įinal Report explaining the Maamendments updating the cross-references correlative to the Machanges to the motions rules published with the Court's Order at 34 Pa.B. If no post-sentence motion is filed, it is the entry of the order imposing sentence that triggers the Commonwealth's 30-day appeal period. When the defendant files a post-sentence motion, paragraph (B)(2)(a)(i) provides that the entry of the order disposing of the defendant's post-sentence motion triggers the 30-day period during which the Commonwealth's notice of appeal must be filed. The time for filing the Commonwealth's notice of appeal under this paragraph depends on whether the defendant has filed a post-sentence motion. Paragraph (B)(2)(a) covers the time for filing a notice of appeal when the Commonwealth has elected not to file a motion to modify sentence with the trial judge. No Commonwealth Motion to Modify Sentence Filed The clerk of courts also must comply with the filing, service, and docket entry requirements of Rule 114. The clerk of courts' order is ministerial and not subject to reconsideration. ![]() Under paragraph (D)(1), when a Commonwealth motion to modify sentence has been denied by operation of law, the clerk of courts must enter an order on behalf of the court and furnish copies to the attorney for the Commonwealth, the defendant, and defense counsel. Procedures for Commonwealth Challenges to Sentence Sentencing Appeals. Comment revised September 26, 1996, effective Januamended August 22, 1997, effective JanuComment revised October 15, 1997, effective Januamended July 9, 1999, effective Janurenumbered Rule 720 and amended March 1, 2000, effective Apamended August 21, 2003, effective Janu amended March 3, 2004, effective July 1, 2004.įinal Report explaining the Maamendments updating the cross-references correlative to the Machanges to the motions rules published with the Court's Order at 34 Pa.B. The Janueffective date extended to Apthe Apeffective date extended to July 1, 1996. Present Rule 1410 adopted Maand amended December 17, 1993, effective as to cases in which the determination of guilt occurs on or after Januamended September 13, 1995, effective January 1, 1996. Official Note: Previous Rule 1410, adopted May 22, 1978, effective as to cases in which sentence is imposed on or after Jrescinded March 22, 1993, effective as to cases in which the determination of guilt occurs on or after January 1, 1994, and replaced by present Rule 1410. This notice is intended to protect the defendant's right to appeal. ![]() If the motion is denied by operation of law, paragraph (B)(3)(c) requires that the clerk of courts enter an order denying the motion on behalf of the court and immediately notify the attorney for the Commonwealth, the defendant's attorney, or the defendant if unrepresented, that the motion has been denied. This order is not subject to reconsideration. (c) When a post-sentence motion is denied by operation of law, the clerk of courts shall forthwith enter an order on behalf of the court, and, as provided in Rule 114, forthwith shall serve a copy of the order on the attorney for the Commonwealth, the defendant's attorney, or the defendant if unrepresented, that the post-sentence motion is deemed denied. The judge shall not vacate sentence pending decision on the post-sentence motion, but shall decide the motion as provided in this paragraph. POST-TRIAL PROCEDURES IN COURT CASES PART B. ![]()
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