Commonwealth v. Englert

I respectfully dissent. The issue presented on appeal is: Did appellant’s failure to appeal his summary conviction of December 26, 1979 within the statutory thirty day period constitute a waiver of his right of appeal where: (1) at the time that the district justice announced the penalty, appellant had no actual knowledge that a mandatory consequence of his conviction was suspension of his operator’s license by PennDOT;1 and (2) appellant was informed of this suspension after the thirty day appeal period for his summary conviction had run?

Because we conclude that in the circumstances alleged…