Commonwealth v. Gamarino

The Commonwealth has appealed from an order of the Court of Common Pleas following a trial de novo of a summary offense. Because the order is improper, we cannot reach the merits of the Commonwealth’s contentions. Accordingly, we must vacate the order and remand for proceedings consistent with this opinion.

The order appealed states, inter alia, that “the appeal on the merits is sustained, the charge is dismissed, and [appellee is] discharged.” “As we have held repeatedly, on an appeal from the judgment ... in summary conviction proceedings, the judgment of the Court of Common Pleas should be…