Commonwealth v. Lyles

I respectfully dissent. The instant appeal is properly before this court, and I would decide it on its merits.

The appeal has been filed from an order modifying a sentence entered in a criminal case. Appellate jurisdiction in such cases has been vested in the Superior Court. See: Commonwealth v. Bender, 251 Pa.Super. 454, 380 A.2d 868 (1977); Goldsborough v. Burk, 4 Pa.Commonwealth Ct. 513, 288 A.2d 555 (1972); 42 Pa.C.S. §§ 742, 762. Cf. Commonwealth v. Sensi, 287 Pa.Super. 452, 430 A.2d 691 (1981).

Moreover, even if there were a jurisdictional defect, neither party has raised the issue; and,…