Commonwealth v. Toner

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…