Commonwealth v. Yohe

ROWLEY, President Judge:

The Commonwealth has appealed from a trial court order permitting Ralph A. Yohe (hereinafter “appellee”) leave to appeal his summary speeding conviction to the trial court nunc pro tunc. The Commonwealth contends that the trial court abused its discretion and erred as a matter of law in granting the instant petition because appellee is not entitled to nunc pro tunc relief inasmuch as he has not met his burden of demonstrating that fraud or a breakdown in the judicial system was the cause of his failure to file a timely appeal. Having carefully considered this claim, we…