Commonwealth v. Hudson

OPINION BY

SHOGAN, J.:

The Commonwealth of Pennsylvania (“the Commonwealth”) appeals from the order entered on January 8, 2013, that granted the motion to suppress filed by Rameek Hudson (“Appellee”).1 The trial court asserts that the appeal should be *1237quashed due to the Commonwealth’s subsequent filing of a nolle prosequi, whereby it dismissed all charges against Appellee. As discussed in detail below, we conclude that the nolle prosequi was a nullity pursuant to Pa.R.A.P. 1701, it having been filed after the Commonwealth filed its notice of appeal. Accordingly, this appeal is properly before…