Commonwealth v. Holmes

OPINION

Justice BAER.1

We granted review in these two cases to consider the interaction between a statute limiting the period of time during which a trial court may modify or rescind an order2 and the long-standing, inherent power of courts to correct patent errors in orders. See Commonwealth v. Cole, 437 Pa. 288, 263 A.2d 339 (1970). The two cases under review herein demonstrate a conflict in the application of authorities when trial courts attempt to exercise their inherent power to correct orders by vacating illegal sentences despite the expiration of the modification period provided by 42…