Commonwealth v. Liston

OPINION

Justice GREENSPAN.

The Commonwealth appeals from the Superior Court’s order remanding the matter to the trial court so that Appellee Clayton Leroy Liston may file a post-sentence motion nunc pro tunc. We hold that the Superior Court erred in declaring that a defendant who has been granted the right to file a notice of appeal nunc pro tunc shall also automatically be granted the right to file post-sentence motions nunc pro tunc. We further hold that the Superior Court’s order impermissibly created a new exception to our decision in Commonwealth v. Grant, 572 Pa. 48, 813 A.2d 726 (2002).…