Commonwealth v. Moore

CONCURRING AND DISSENTING OPINION BY

BOWES, J.:

¶ 1 In the present case, the trial court held that it did not have the authority to grant Appellant permission to file his untimely post-sentence motion mmc pro tunc. This conclusion was incorrect as our Supreme Court has indicated that it is within the authority of a trial court to overlook the untimely filing of a post-trial motion and address the motion on the merits. If the trial court chooses to do so, any issues raised in the untimely motion *994will be considered preserved for purposes of appeal. In Commonwealth v. Metz, 534 Pa. 341, 633 A.2d…