Legal Opinion

Commonwealth v. Gottshalk

Superior Court of Pennsylvania

Decided March 14, 1980No. 2438PublishedCited by 25 opinions

1Opinion of the Court

CAVANAUGH, Judge:

Pursuant to a negotiated plea, the defendant pleaded guilty to involuntary deviate sexual intercourse by forcible compulsion, and conspiracy to commit that act. 1

He was sentenced to two to five years imprisonment. On appeal, he asserts that his sentence was excessive. 2 Since the appeal was untimely, we quash.

We raise the issue of the timeliness of the instant appeal sua sponte. Since the timeliness of an appeal is a jurisdictional requirement, it may be raised sua sponte. Polascik v. Baldwin, 245 Pa.Super. 1, 4-5, 369 A.2d 263, 265 (1976).

An appeal must be taken within 30…

2Cases cited8 opinions

  1. Commonwealth v. RigginsSupreme Court of Pennsylvania · 1977
  2. Commonwealth v. WallsSupreme Court of Pennsylvania · 1978
  3. Commonwealth v. DormanSuperior Court of Pennsylvania · 1979
  4. Commonwealth v. MorrisSuperior Court of Pennsylvania · 1979
  5. Polascik v. BaldwinSuperior Court of Pennsylvania · 1976

3 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Commonwealth v. MathisSupreme Court of Pennsylvania · 1983
  2. Commonwealth v. KozielSuperior Court of Pennsylvania · 1981
  3. State Farm Mutual Automobile Insurance v. SchultzSuperior Court of Pennsylvania · 1980
  4. Commonwealth v. SmithSupreme Court of Pennsylvania · 1985
  5. Commonwealth v. CavanaughSupreme Court of Pennsylvania · 1983

20 more not listed; retrieve them via the Exa API.

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