Commonwealth v. Anders

We certified this case for en banc review to address the following question: Does Pa. R.Crim. P. 1405 (“Rule 1405”) require that a defendant who is not sentenced within sixty days of conviction or the entry of a plea of guilty or nolo contendere be discharged? We hold that Rule 1405 does not mandate discharge for untimely sentencing.

The facts and procedural histoiy of the case are not complex. On April 26, 1996, appellant Joseph Wayne Anders, Jr. pleaded guilty to one count of driving under the influence of alcohol.1

Rule 1405(A) governs the timing of appellant’s sentence. It reads, in…