Commonwealth v. Rush

On March 23, 1979, appellant, Johnetta Rush, was sentenced to a term of imprisonment of two and one-half to five years following the revocation of a probation previously *94granted at No. 5437 October Term, 1975.1 Thereafter on April 24, 1979, appellant petitioned the lower court for modification of that sentence pursuant to Pa.R.Crim.P. 14102; however, same was dismissed on May 9, 1979 as having been untimely filed.

On appeal, appellant raises the following issues: (1) whether the lower court erred in dismissing the motion to modify sentence since it had failed to instruct appellant at the time…