Commonwealth v. Reagan

BECK, Judge:

The question is whether an appeal from an interlocutory order adjudicating appellant competent to stand trial for homicide under the provisions of the Mental Health Procedures Act, 50 P.S. § 7101 et seq. (hereinafter “Act”) 1 is appealable prior to trial. We hold that such an interlocutory order is not appealable.

Although neither party has raised the issue of the appeal-ability of this order, we address the issue sua sponte. Commonwealth v. Hunter, 294 Pa.Super. 52, 54, 439 A.2d 745, 746 (1982).

Section 7403 of the Act provides that when a defendant previously found incompetent to…